If you want more time to pay a court fine, the court has the power to vary the fine to be paid in specified instalments on specified dates[1] provided the fine can be paid off within 12 months,[2] or if the defendant is on a very low income, it can be paid off over three years.[3]
Complete and return a form MC100[4] to the sentencing court and the fines officer will ascertain your means.[5]
Ask the court to withdraw the warrant of control[6] while the fines officer processes your form MC100 and that stops the enforcement power.[7]
When the enforcement power ends, the bailiff may not recover any fees and charges.[8]
Template Letter
Send the MC100 and the letter to the sentencing court and get a certificate of posting from the post office.
Send a copy of the letter only by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the date you gave it.
Never give a form MC100 to a bailiff company, they are unauthorised to means-test defendants.
[1] Paragraph 24 of Schedule 5 of the Courts Act 2003
[2] Paragraph 40(a) of the Sentencing Guidelines published by the Sentencing Council
[3] Paragraph 40(b) of the Sentencing Guidelines published by the Sentencing Council
[4] Form MC100 download
[5] Section 165(2) of the Criminal Justice Act 2003
[6] Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
[7] Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
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