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Moment 'unwell' commuter is fined £250 by council enforcement officer for 'spitting on grass during coughing fit'
Mark Duell · 2026-06-16 · via News | Mail Online

This is the moment an unwell commuter was fined £250 for allegedly spitting on the grass in public on his way to work – despite insisting he was coughing.

Alberto Tandoi initially believed the private enforcement officer who confronted him in Haringey, North London, was checking whether he was feeling okay.

But the 46-year-old portrait photographer was left stunned upon realising he would receive a fixed penalty notice when the officer began taking his details.

Mr Tandoi, who was born in Milan but now lives in London, was told he was violating the Environmental Protection Act 1990 and a Public Spaces Protection Order.

He gave his name and address to the officer and was later issued with a £250 fine, which he was given 14 days to pay until the amount increased to £500.

Mr Tandoi requested the bodyworn camera video, which he was issued. But it only showed the confrontation after the alleged spitting – and not the act itself.

Footage from the incident on Monday, May 11 at 7.30am began with the officer firmly telling Mr Tandoi: 'It's not about the coughing now, it's about spitting.'

A bemused Mr Tandoi replies: 'It's not spitting, it don't have anything here... and I was on the grass. It's not that I did it on purpose.' But the officer tells him: 'No, it's actually on purpose – what you should have done is spit in a tissue and throw it in the bin.'

Alberto Tandoi was confronted by a private enforcement officer in Haringey, North London 

The photographer realised he would receive a fine when the officer began taking his details

Mr Tandoi had initially believed the officer was checking whether he was feeling okay

Mr Tandoi says: 'No, I don't have a tissue. I'm running, I've been sick one week.' 

The officer says: 'You see that is the problem, because now you have been spitting – people around here, they will get it in their system. 

'What you have done is actually an offence under the Environmental Protection Act 1990, section 87 as amended and I'd like to see your ID.'

Mr Tandoi apologises to the officer, but is then again asked for his ID. The officer says: 'I'd like to verify your identity. 

What is the law on spitting in public?

People spitting in the street can be prosecuted under section 87 of the Environmental Protection Act 1990 which states that it is an offence when someone 'throws down, drops or otherwise deposits' litter and then leaves it.

In 2013, Waltham Forest Council in London become the first local authority to successfully prosecute people under this law for spitting in public.

Haringey Council also has a borough-wide Public Spaces Protection Order which states: 'Any person who urinates, defecates or spits in the restricted area, without reasonable excuse, commits an offence.'

The authority states this is enforced under the Antisocial Behaviour, Crime and Policing Act 2014.

Several other London boroughs including Hounslow and Enfield deploy private contractors to issue fines for spitting in public.

Last December, Brent Council said it was spending £30,000 a year cleaning pavements and buildings across Wembley stained with a reddish-brown substance from people spitting out a stimulant called paan.

'You have violated the Environmental Protection Act 1990 section 87. You have also violated a Public Spaces Protection Order.'

Mr Tandoi insists he is 'sick, I need to go to work', but the officer tells him: 'That is the problem, because you are sick.'

He then gives his name and address to the officer, and asks him: 'Are you going to put a fine on me? Sorry, I don't want to do this. Are you going to fine me?'

Mr Tandoi refuses to give his date of birth, saying: 'You should have in your system. I don't feel comfortable to give you all my information, sorry.'

And he tells the officer: 'Man, honestly, for what I have seen happening in this area since I came here to live here, it's unbelievable that just because I'm sick and I cough and unfortunately I cough and something came out on the floor, you are doing all of this.'

But the officer says: 'Something didn't come out, you spat once there and you spat once there.'

Mr Tandoi insists: 'I'm sick, I'm sick, I'm sick.' 

The officer then tells him: 'Well, that is the problem, you should use a tissue.'

But Mr Tandoi says: 'I don't have any tissue, I'm running to the coffee shop to get a coffee and get a tissue. What can I do for you? What should I do? Really, you're going to go after me for this? You said that you won't fine me.'

The officer replies: 'I didn't say I won't fine you, I said I need to verify your identity.'

Mr Tandoi then walks away despite the officer asking him not to, saying: 'Sorry, I need to go to work.'

The officer says: 'Mr Alberto, you come here a minute, you come here. It's in your best interests you wait here… Alright, so he's walked away and I'm going to be giving you a penalty for littering, we're going to send this via post.'

Following the incident, Mr Tandoi - who has lived in London for several years - shared the footage exclusively with the Daily Mail after obtaining it under a Subject Access Request.

Mr Tandoi was told by the officer he was violating the Environmental Protection Act 1990 

Mr Tandoi eventually walked away after providing his name and address to the officer

He said: 'The reason this case has upset me so much is not simply the £250 payment. On the day in question, I had been unwell for several days and had largely stayed at home.

'That morning was one of the first times I felt well enough to go back out and return to work. While walking along West Green Road I experienced a severe coughing episode and was visibly struggling.

'I also question the training and guidance provided to enforcement officers. If an officer encounters someone who is visibly unwell, struggling with a severe coughing episode and clearly in distress, it seems reasonable to expect some degree of judgement, discretion and basic compassion before moving straight to enforcement action.

'To me, this raises broader questions about how these officers are trained, what guidance they receive when dealing with vulnerable or unwell members of the public, and whether the current system places sufficient emphasis on common sense and proportionality.'

Mr Tandoi added that his 'genuine first reaction' was that the officer was concerned about his welfare and that it 'never crossed my mind that I was about to be investigated or issued with a penalty notice'.

He also said the communication was 'confusing', explaining: 'During the interaction I asked whether I was going to be fined.

'My understanding at the time was that the officer needed my details to verify my identity and establish what had happened. After providing those details, I later received a Fixed Penalty Notice.'

He added that data he obtained under the Freedom of Information Act showed 245 spitting fixed penalty notices issued by the same contractor last year - generating £33,750, with 78 formal challenges.

Mr Tandoi concluded: 'I'm concerned about how a private contractor-led system is operating in practice, and whether sufficient discretion and clarity are being applied.'

But a Haringey Council spokesperson told the Mail: 'We have reviewed the body-worn video and are satisfied that the officer involved acted appropriately and in accordance with the relevant enforcement policies and procedures.

'The issuing of the Fixed Penalty Notice was proportionate and justified based on the circumstances observed at the time.

'We have a robust enforcement policy in place to prevent littering from taking place and to ensure that Haringey remains a clean and green space for all of our residents.'

Mr Tandoi is an Italian photographer who is best known for his book '400km', in which he walked across London and took portraits of people who caught his eye.