Bailiffs called about an unknown Magistrate's Court Fine

If a bailiff contacts you about a Magistrates' Court fine you knew nothing about, the fine and the conviction are invalid.^[1]

Within 14 days of learning about the conviction, make a Statutory Declaration and send it to the Magistrates Court by recorded delivery^[2] which revokes the fine and the conviction^[3] and ends the enforcement power.^[4]

If you were convicted and fined in your absence, you may have been convicted under the Single Justice Procedure.^[5]

Send a copy of the statutory declaration to the bailiff company by email and make a screenshot of the sent email recording the time it was sent, otherwise the bailiff is not liable if he takes an enforcement step.^[6]

You must keep a copy of the recorded delivery receipt and the statutory declaration for your records. If the bailiff takes an enforcement step, you can claim damages,^[7][8] or apply for an injunction to stop the bailiff.^[9]

The bailiff may not recover his fees^[10][11][12] and if he exacts, any greater costs and charges than those properly payable, or makes any improper charge, the bailiff commits an offence.^[13]

HM Court Service does not acknowledge receipt of statutory declarations.

NEVER take a statutory declaration to a Magistrates' Court in person. Court staff will mess you about and try to revoke it by getting you to sign a guilty plea, which reinstates the conviction and revives the enforcement. You are entitled to a fair trial.^[14]

You may get a fresh summons to answer the original information giving rise to the original conviction^[15] but the burden of proof of the allegation remains with the prosecution.^[16] You may be asked to enter a plea, so before deciding it, you must ask to examine the original information giving rise to the allegation which should be enclosed with the Single Justice Procedure Notice.^[17][18]

Template Statutory Declaration.^[1]

It must be sworn before a solicitor, take £5 and a photo ID with you, then send it by recorded delivery and keep a copy of the Royal Mail recorded delivery receipt. The enforcement ends as soon as you post it and have the receipt.

^{[1] Section 14 of the Magistrates Courts Act 1980
[2] Section 14(2) of the Magistrates; Courts Act 1980
[3] Section 14(1) of the Magistrates; Courts Act 1980
[4] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Section 46 of the Criminal Justice and Courts Act 2015
[6] Paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Section 3 of the Torts (Interference with Goods) Act 1977
[9] Section 4 of the Torts (Interference with Goods) Act 1977
[10] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[11] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
[12] Paragraph 31 of the Taking Control of Goods: National Standards, published by the Ministry of Justice
[13] Section 78(5) Of the Magistrates' Courts Act 1980
[14] Schedule 1 of the Human Rights Act 1998
[15] Section 14(1)(b) of the Magistrates' Courts Act 1980
[16] Woolmington v Department of Public Prosecutions [1935] UKHL 1
[17] Section 46(5) of the Criminal Justice and Courts Act 2015
[18] Part 16 of the Criminal Procedure Rules}