Before fixing the amount of any fine to be imposed on an offender who is an individual, a court must inquire into his financial circumstances.[1]
Ask the court to withdraw the warrant of control,[2] and that will end the enforcement power,[3] and the bailiff may not recover any fees and charges.[4]
Download and complete a means enquiry form MC100,[5] and enclose it with your formal complaint letter.
The court can set a smaller fine,[6] or not fine you at all.[7]
Template: Stage 1 Formal Complaint
Send the stage 1 formal complaint letter with the completed form MC100 to the Fines Officer at the sentencing court, and get a certificate of posting from the post office.
Give a copy of the formal complaint letter (without the MC100) to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Section 164(1) of the Criminal Justice Act 2003
[2] Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
[3] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[5] Form MC100 download
[6] Section 165(2)(a) of the Criminal Justice Act 2003
[7] Section 165(2)(a) of the Criminal Justice Act 2003
Protect your car from bailiffs | Recover Your car from bailiffs | Attending a bailiffs vehicle pound | Reclaim bailiffs fees | Getting a chargeback | Attending Court | Arrested? | Bailiff Law | Trace a bailiff | Your bailiff FAQs | National Bailiff Advice | Beat the Bailiffs | BailiffTALK | About Stop the Bailiffs