A mother was fined £150 for dropping a kale leaf in a trolley while she was collecting food for vulnerable people. Monica Serro was loading her Olio food collection in the Sainsbury's car park in Arnold, Nottingham, when an enforcement officer claimed she was littering.
The 42-year-old had spent the day collecting much-needed food parcels from local supermarkets, which she then offers for free from her home to those in need. The welfare officer had just returned her trolley when a large kale leaf became wedged between the metal frame on Thursday, June 11.
An enforcement officer working for Gedling Borough Council approached her and confronted her about the loose kale. He claimed the leaf was food waste and handed Monica a £150 fine.
"I was collecting waste foods from supermarkets with the plan being that people then come and collect the food from my house," the mum-of-one said. "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 continued: "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.'"
Monica added: "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. The whole thing was ridiculous. You're trying to reduce food waste and then you get told you're adding to it."
She said she didn't notice the leaf on the trolley. Her mother told the officer she was a volunteer collecting food for the community. He said if she refused to provide her details he would increase the fine. "I didn't want to argue anymore, my mum was getting really upset with the whole situation. He gave me the fine and took the kale leaf and gave it to me," Monica said.
Monica immediately contacted the council, which eventually cancelled the fine on June 13 after several emails. But she still believes she should not have been fined in the first place and branded the decision as "ridiculous". She noticed the fine listed a different address and the reason as 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," she said. "I disputed the fine and told the council asking them to look at the bodycam footage. I got zero reply."
Monica went on: "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."
She added that the incident will make her paranoid in the future. "I suffer from anxiety so I was anxious for the rest of the day."
The council has since apologised to Monica for the blunder, saying there was 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 apologise for any distress this has caused. I have cancelled your fixed penalty notice on this occasion."
A spokesperson for Gedling Borough Council said: "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."
