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Deal couple Peter Marsh and Gillian Green fined for dropping cherry stones in Canterbury

12:14, 01 October 2015

A retired couple who sat by a tree together to enjoy a bag of cherries were stunned when "overzealous" council workers fined them £160 - for littering.

Peter Marsh, 69, and his wife Gillian Green, 65, left a handful of cherry pits from the fruit they had enjoyed under the tree.

As they got up to leave they were approached by two enforcement officers who issued them £80 on the spot fines each for littering.

Gillian Green and Peter Marsh were fined for dropping cherry pips
Gillian Green and Peter Marsh were fined for dropping cherry pips

Peter and Gillian claim the men "behaved more like nightclub bouncers than enforcement" and they were "terrified".

The couple complained to Canterbury City Council arguing the response to no more than 15 cherry stones being left was "far too heavy-handed".

Peter complained to the council's environmental team, but claims the council said they must pay as the council had taken legal advice.

The couple paid their fines but Peter continued to complain and they were finally told £40 each would be refunded.

Retired management consultant Peter, from West Street, Deal, said: "We were sitting under the tree with the circular bench after buying cherries from a market stall.

"We ate no more than 15 between us and put the stones at the base of the tree.

"When we left to continue shopping, we were approached by two men who were quite intimidating. We thought they were policemen.

"They did say they were enforcement officers but didn't explain clearly what was happening.

"It was terrifying. They separated us and were far too heavy-handed. We are law-abiding people.

"It was terrifying. They separated us and were far too heavy-handed. We are law-abiding people. We were scared at that point as we didn't really know what was going on" - Peter Marsh

"We were scared at that point as we didn't really know what was going on.

"At all times they were very polite but wouldn't answer any of my questions and simply kept to their script, despite the fact they could see our discomfort."

Peter was in Canterbury for a hospital appointment and said he was "shaking" after being approached.

He added: "I believe we were deliberately targeted as an older age couple who wouldn't make a fuss.

"While totally supporting Canterbury City Council's stance on litter, I think issuing a penalty of £160 for biodegradable cherry pips is overzealous.

"Surely a verbal warning would have been more appropriate - the way it was carried out was just disgusting."

A council spokesman said there was a bin in "reasonable" distance of the couple which they should have used.

He said: "Litter in the city centre is a priority issue for the public, as shown in our residents' survey, and we seek to enforce fairly no matter the age or gender of the person who commits an offence.

"We consider that everything discarded improperly on the street is litter and we cannot differentiate between an item being large or small, cigarette end or food packaging, a half-melon or cherry leftovers.

"In this case, there was a bin within a reasonable distance for them to use.

"We are satisfied that the fixed penalty notices were issued correctly and that the officers' approach was fair and reasonable.

The couple were fined after enjoying cherries under a tree in Canterbury
The couple were fined after enjoying cherries under a tree in Canterbury

"The staff issuing notices for dropping litter carry body-worn CCTV cameras which are turned on when they engage with members of the public.

"This gives us irrefutable evidence that we can easily check on when we get complaints.

"The couple were taken aback, as are many people when confronted about inappropriately discarding litter.

"Unfortunately these situations are often uncomfortable for both the individual and the officer.

"After considering their circumstances, we stated that we would cancel one of the fixed penalty notices as a goodwill gesture."

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