A warrant of execution can either be for the enforcement of an unpaid magistrates court fine,[1] or an unpaid traffic contravention debt.[2]
From 2014, a warrant of execution is called a warrant of control.[3]
To find if a local council has issued a warrant of control for an unpaid contravention debt, then contact the council you think issued it.
Councils do not keep a register of warrants of control and there is no national database which the public can to make a search by name or vehicle registration.
To find out if a magistrates court has issued a warrant of control for an unpaid court fine, contact the HMCTS on 0300 790 9901 in England, or in Wales, 0300 790 9980, or visit the HMCTS website.[4]
If you have been contacted by bailiffs about an unpaid warrant of control, then the Notice of Enforcement must provide sufficient information to enable the debtor to identify the source of the debt.[5]
If you have not been given a Notice of Enforcement, then the enforcement is invalid because regulations state bailiffs may not take control of goods unless the debtor has been given notice,[6] and the debtor may claim damages.[7][8][9]
[1] Section 76(1) of the Magistrates’ Courts Act 1980
[2] Civil Procedure Rule 75.7
[3] Paragraph 46(3)(a) of Schedule 13 of the Tribunals, Courts and Enforcement Act 2007
[4] See HMCTS How to Pay a fine
[5] Regulation 7 of the Taking Control of Goods Regulations 2013
[6] Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Section 3 of the Torts (Interference with Goods) Act 1977
[8] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] See Bailiffs turned up without giving a Notice of Enforcement
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