An 85-year-old grandfather who goes out litter picking every morning was left “shocked, angry and upset” after receiving an £150 fine after leaving his walking stick on the roadside.
Alan Davies said he drove off and forgot take the stick with him after a litter picking session with friends on 6 September in Aldridge, West Midlands.
The pensioner, who also left behind a bag containing a cushion he sits down on during breaks, criticised Walsall Council over the fine, claiming it was impossible to “speak to anyone human” about the situation.
The local authority has subsequently issued an apology and rescinded the fine.
Davies said the council tracked him down after checking CCTV footage and found his address by using his car’s number plate before sending him a fine last week. The letter warned of a maximum fine of £2,500, if the £150 charge is not paid on time.
The former builder said before the council apology: “Why would I leave my walking stick there on purpose? I want it back, but I cannot speak to anyone human about the fine.
“I need my walking stick, they have taken the trouble to track me down – and after all I’ve done for the area, they could have given me my walking stick back. They have tried to bankrupt me.”
Included in the council’s letter are two CCTV images – one showing Davies and a friend walking towards their car, and then another ten minutes later showing the walking stick and cushion on the floor.
Davies’ friends and fellow litter pickers have tried to talk to someone at Walsall Council directly about the fine but say they keep being told to email their complaint.
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“They are non-negotiable. They will not listen. Or talk to you over phone,” said fellow litter picker, John. “They need to prove intent and there is none – he drove off by mistake.”
Davies’ neighbour, Ann, said: “£150 is a lot of money for a pensioner. You cannot speak to the council on phone it has to be email, and not everyone has the internet. Hopefully when people realise what Alan is being put through the council will back down.”
A spokesperson for Walsall Council said: “We recognise the specific circumstances around this incident and would like to apologise profusely to Mr Davies.
“We can confirm that the fixed penalty notice has been rescinded after a further review of CCTV footage.
“Walsall Council respects and values the work and commitment of all our litter-picking volunteers. They play a key role in our defence against fly-tipping and littering.
“The location in question, Longwood Lane and Hayhead Wood is a hot spot for fly-tipping and the CCTV camera was put in place after complaints from the local community. Fly-tipping and littering is a major problem in Walsall and remains a priority for the council.”
What are the laws on littering in the UK?
Littering is a criminal offence in the UK, putting people at risk of being fined or even prosecuted in court.
Offenders can receive a fine of up to £2,500 if the case makes it to court, although usually people are given an option to pay a fixed penalty notice before it gets that far.
Last year the previous Tory government announced the maximum councils could fine someone on the spot for littering or graffiti would be raised from £150 to £500 as part of a crackdown on anti-social behaviour.
While litter is not defined in law, guidance from the Department for Environment, Food and Rural Affairs (Defra) says it is “best defined as something which is improperly discarded by members of the public in an area.
The department adds: “Litter is something, more often than not, synthetic, which is improperly discarded by the public whilst sitting, walking, or travelling through an area.”
Defra adds that dumping a single sack of rubbish, or anything bigger, would not be classed as littering and would instead fall under the category of fly-tipping, a more serious criminal offence, which carries a maximum penalty of £50,000 or up to five years in prison.