Where an Act authorises a document to be served by post, the service is deemed to be effected, unless evidence to the contrary is proved.[1]
The warrant of control having a wrong enforcement address is evidence the bailiff did not give a Notice of Enforcement.[2]
If the original court fine is unknown, the defendant may make a statutory declaration.[3][4]
If the court fine is not disputed, the bailiff may not recover the enforcement fees because the bailiff did not use the Schedule 12 procedure by giving a Notice of enforcement,[2][5][6] and the defendant may apply to the court for a detailed assessment.[7][8]
[1] Section 7 of the Interpretation Act 1978
[2] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Section 14 of the Magistrates’ Courts Act 1980
[4] See: Make a Section 14 Statutory Declaration
[5] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[6] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[7] Civil Procedure Rule 84.16
[8] See Apply for a Detailed Assessment
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