When the "amount outstanding"[1] has been paid, the enforcement power ceases to be exercisable.[2]
The amount outstanding means the amount of the debt which remains unpaid.[1]
The bailiff's fees do not form part of the amount outstanding, therefore the bailiff cannot use the liability order to enforce payment of fees after the enforcement power has ended.
The debtor is not off the hook for the fees, because they are prescribed in enforcement regulations and apply when the bailiff has used the Schedule 12 enforcement procedure.[3] But there is no enforcement power in respect of them.[2]
The bailiff cannot sue a debtor for his fees. The enforcement contract is only between the council and the enforcement company. Therefore the bailiff in his personal capacity does not have locus standi to sue a debtor for the fees.[4]
[1] Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Paragraph 6(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[4] See: Locus standi
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