A south-west London council has changed its judgment to fine a woman £150 for pouring the remains of her coffee down a gully.
Burcu Yesilyurt, who lives in Kew, said she thought she was acting responsibly when she poured a small amount from her reusable cup down the drain – rather than risk spilling it on the bus she was about to catch to work.
She was stopped by three enforcement officers at the bus stop near Richmond station and given a fine under Section 33 of the Environmental Protection Act 1990, which makes it an offence to deposit or dispose of waste in a way likely to contaminate land or water, including pouring liquids into street drains.
Richmond-Upon-Thames Council has now said it had withdrawn the fine as it was “likely” that Ms Yesilyurt’s appeal would have been successful.
The council also said the contravention was “minor” and Ms Yesilyurt had “agreed not to repeat it”.
Before the council withdrew the fine, Ms Yesilyurt told BBC News she had noticed her bus approaching, and just poured away “just a tiny little bit”.
“As soon as I turned around, I noticed three men, enforcement officers, chasing me, and they stopped me immediately.”
Ms Yesilyurt said she thought they were going to speak with her about an issue with the bus, and had no idea pouring liquid into a road gully was illegal.
She said the encounter was quite intimidating and she was left feeling “shaky” as she went into work.
“It was quite a shock,” she said.
Ms Yesilyurt added she had asked the enforcement officers if there were any signs or information warning people of the law, but received no response.
A Richmond Council spokesperson said the body-worn footage of the incident had been reviewed and the council was satisfied the enforcement officers acted appropriately.
Ms Yesilyurt said that when she asked the officers what she was supposed to have done with her remaining coffee, she was told to pour it into a nearby bin.
She said she had been trying to act responsibly and avoid littering.
“It feels quite unfair. I think the fine is extreme. It’s not proportionate,” she added.
On Wednesday, an email was sent from the council at 15:00 BST to Ms Yesilyurt, and seen by the BBC, said: “I can advise that on review the Fixed Penalty Notice has been cancelled.
“Please accept my apologies for any upset or inconvenience this has caused you,” it read.
Following the cancellation of the FPN, Ms Yesilyurt told BBC News: “I’m quite happy the council recognised the sensitivity of this situation and they’ve reconsidered.”
She said that since BBC News first published the story early on Wednesday, the reaction has been “huge” and that she was glad the issue has been highlighted.
“I’ve not met anyone who knows it’s a criminal offence,” Ms Yesilyurt added.
Ms Yesilyurt has called for the law to be made clearer with signs near bins and bus stops.
The council spokesperson said: “Fixed Penalty Notices clearly outline that there is an appeal process available to anyone who wishes to challenge them.
“It is likely that, had this case progressed through that route, the notice would have been rescinded because it is a minor contravention which the recipient agreed not to repeat.”
These enforcement officers should head down to Thames Water and see what fines they can dish out for the amount of raw sewage Thames Water allegedly dump each day.
This lady made the foolish mistake of not being a millionaire CEO or a billionaire investor. They are responsible for pollution but get off scot-free because any fines the company gets are paid by their customers.
This fine was completely absurd. People drop their paper cups by accident all the time. It spills out and ultimately makes it to the drain – do they get a fine? It’s not like she was tossing a plastic cup down the drain – these people need to give their heads a little wobble.
THE MONTHLY MOSQUITO 