Bailiff threatens enforcement after you paid a court fine direct to the court

When you pay a court fine, the amount outstanding,^[1] to the court, the enforcement power ceases to be exercisable.^[2]

You must give notice to the bailiff you have paid the court fine into court, otherwise, he is not liable for enforcement steps taken afterwards.^[3][4]

You might get an angry bailiff because they do not get paid, so they may harass or pester you with "locksmiths" to collect their fee, which commits an offence.^[5]

The bailiff company does not get paid by HM Court Service for collecting unpaid court fines. Their income is from recovering the fine and the fees from debtors.^[6]

If police are present and do not protect you from unlawful bailiff action, they become liable to make good any damages or loss.^[7]

Apply for a Detailed Assessment Hearing,^[7] and ask the court to order the bailiff to stop the action and apply for your legal costs.^[8] If you are represented, your solicitor will do this for you.

The court decides if the bailiff was right to demand his fee after you paid the amount outstanding into court after the court issued the warrant of control.

It doesn't matter if the bailiff has already taken the money or a vehicle.

Collate the evidence:

the flow of money proving the date and amount you paid into court;

the document or evidence the bailiff demanded his fee;

a copy of the notice telling the bailiff you paid the fine into court.

If the bailiff has clamped a vehicle, then apply for the return of the goods and ask for your damages in your Statement.

Your statement must show why the bailiff’s fee or charge does not apply at the time the bailiff demanded or took the money for it.^[10]

The definition of "amount outstanding", is the court fine you were adjudged to pay,^[1] and any amounts recoverable proceeds from the sale of your goods.^[11]

If the bailiff has not taken control of any goods, there are no amounts recoverable from the proceeds of your goods.

To take control of goods, the bailiff must secure them, e.g. fix a wheel clamp,^[12] tow the vehicle away and remove it and secure it elsewhere,^[13] or make a controlled goods agreement.^[14]

If the court finds the bailiff made an improper charge, he commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale.^[15]

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^{[1] Paragraph 50(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] See Giving the bailiff a Paragraph 59 Notice
[5] Section 4 of the Fraud Act 2007
[6] JBW Group Ltd v Ministry of Justice [2012] EWCA Civ 8
[7] Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705
[8] Civil Procedure Rule 84.16
[9] Civil Procedure Rule 46.5
[10] Civil Procedure Rule 84.16(3)(b)
[11] Paragraph 13(1)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[12] Paragraph 13(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[13] Paragraph 13(1)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[14] Paragraph 13(1)(d) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[15] Section 78(5) of the Magistrates' Courts Act 1980}