A mother was hit with a £150 fine for dropping a kale leaf from a trolley while collecting food donations for vulnerable people. Monica Serro, 42, was loading her Olio food collection in a Sainsbury's car park when an enforcement officer accused her of littering.
What Happened
Monica had spent the day gathering food parcels from local supermarkets, which she distributes free of charge from her home to those in need. On Thursday, June 11, she had just returned her trolley when a large kale leaf became wedged in the metal frame. An enforcement officer approached and deemed the leaf food waste, issuing a £150 fine.
Monica said: "I was collecting waste foods from supermarkets with the plan being that people then come and collect the food from my house. As a volunteer we collect the food and pass it on for free to the community. I was collecting food from Sainsbury's, but we never know the amount we're getting."
She added: "I went with my mum and the workers showed up with a big trolley full of food. They didn't provide us with any bags, and it was full of veg and bread. It was raining and I was putting it in my mum's car without bags. I put the trolley back in the bay. As I returned an officer from the council was there and he walked up to us and said 'You know you just littered, you left a wrapping paper in the trolley'. I said no I didn't. He said it was illegal and was reaching for the device to print out a fine. I showed him it was a kale leaf left behind on a trolley. He said, 'Yeah that's food waste, next time use a bin'. I was stunned."
Dispute and Cancellation
Monica, of Arnold, Nottingham, immediately contacted Gedling Borough Council, which eventually cancelled the fine on June 13 after several emails. However, she still believes she shouldn't have been fined and called the decision "ridiculous."
She noted: "I noticed on the fine he put a different address down, not the Sainsbury's car park, and the reason as I was fined was for throwing a cigarette to the floor. He wanted to fine me for the kale leaf, but then it implies that I was throwing a cigarette bud. I disputed the fine and told the council asking them to look at the bodycam footage. I got zero reply. For the ticket they just sent me an email saying they saw the footage and said there was a technical issue with the footage and that I didn't have to pay."
"When he saw it was a kale leaf he had to stand his ground. He was a young lad so I don't know if he's doing it for the first time. I've never heard of anyone being fined £150 for a kale leaf. I think he was fishing for tickets. It's a private parking and a trolley from Sainsbury's. I don't think it is illegal leaving a kale leaf in a trolley, he could have called my attention to it before but no. It will make me a bit paranoid in the future. I suffer from anxiety so I was anxious for the rest of the day."
Council Apology
The council apologized for the blunder, citing a "technical error." In an email, the council complaints team said: "I have reviewed the body camera footage and evidence surrounding your fixed penalty notice and apologise for the communication error with the title of the offence. This is due to a technical error, and I apologize for any distress this has caused. I have cancelled your fixed penalty notice on this occasion."
A spokesperson for Gedling Borough Council added: "We have investigated the incident and agree that it was not a deliberate act of littering. The Fixed Penalty Notice issued by our contracted environmental enforcement agents was cancelled and the recipient was contacted on the 13th June to confirm this. We apologise for any distress caused."
