A "petty" council threatened to sue a businesswoman after a work experience student accidentally put paper in the wrong colour bin bag.

Tyme4u Beauty Treatments and Male Grooming in Totton was fined £300 by New Forest District Council (NFDC) after the student mistook the bags, which the council described as fly-tipping after refuse collectors refused to take.

The fine would have been £750 if it hadn't been paid within the deadline.

Salon owner Hannah Kirby labelled the council's threat an "unnecessary overreaction".

It came after she tried to contest the fine, claiming it was an innocent mistake, that she was told she may be taken to court.

According to Mrs Kirby, the student had used a general recycling waste bag instead of a business recycling waste bag, which she pays for.

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The difference between the two bags is the red NFDC text on the front.

Mrs Kirby said: "All it was was a small amount of shredded paper in the wrong recycling bag.

"The bin men didn't even take the bag away, so there wasn't any cost incurred by the council for such a high fine.

"At first, when I phoned them, I thought they would understand the situation.

"They threatened to take me to court for fly-tipping. 

"It is an unnecessary overreaction, and quite disappointing. I would never have thought they would be that petty over a little accident."

The bag was moved from the bin area to outside Tyme4uThe bag was moved from the bin area to outside Tyme4u (Image: Supplied)

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Mrs Kirby and her husband Graham have run Tyme4u for 15 years, and the business moved into its current location five years ago.

It regularly accepts students from nearby colleges to complete required work experience, something Mrs Kirby does for free to "give back".

Mrs Kirby has since sought help from her MP, Sir Julian Lewis, who she says agreed with her that the penalty was "a highly disproportionate outcome" from a simple error.

But the council say they will not be overturning the fine, saying it is the responsibility of businesses to manage waste within the rules.

A spokesperson said: "We aim to maintain clean and tidy streets and have within our Corporate Plan an aim to robustly tackle issues that affect the quality of the district, such as fly tipping and environmental crime.

"It is the responsibility of businesses to ensure that they and their staff manage their waste in a safe and compliant way to protect our residents, staff, and local environment.”