A Midland mother received a £150 penalty for dropping a kale leaf in a shopping trolley while gathering food for vulnerable people. Monica Serro, 42, was transferring her Olio food collection in the Sainsbury's car park in Arnold, Nottingham, when an enforcement officer accused her of littering.
She had dedicated the day to collecting essential food parcels from neighbourhood supermarkets which she subsequently distributes free of charge from her residence to those requiring assistance. The welfare officer had just returned her trolley when a large kale leaf became trapped between the metal framework on Thursday, June 11.
At that moment an enforcement officer employed by Gedling Borough Council approached her and challenged her about the stray kale. He maintained the leaf constituted food waste and issued Monica with a £150 penalty.
The mother-of-one explained: "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."
"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. The whole thing was ridiculous. You're trying to reduce food waste and then you get told you're adding to it."
"I didn't notice it was on the trolley. My mum told him I was a volunteer collecting food for the community. He said if I refused to provide my 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 me."
Monica promptly got in touch with the council, who ultimately scrapped the penalty on June 13 following multiple emails. However, Monica maintains she ought never to have been penalised initially and described the judgement as "ridiculous".
She continued: "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."
The council subsequently issued Monica with an apology over the mishap, acknowledging a "technical error" had occurred. In a written response, the council complaints team stated: "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 Gedling Borough Council spokesperson commented: "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."
