Rules of court do not provide a time limit for the recovery of unpaid court fines,[1] and the law is silent for providing a statutory time limit for the recovery of unpaid court fines.[2]
Bailiffs may not take control of goods after 12 months from the date of issue on the Notice of Enforcement.[3]
If bailiffs clamp a vehicle or take control of goods after 12 months from the date of the warrant, which may be assumed to be the same as the date on the Notice of Enforcement, the debtor may claim damages,[4] or apply for an injunction to recover the clamped or removed vehicle,[5] and apply for costs.[6][7]
The debtor might have been traced by the HMCTS Historic Debts Team,[8] and may consider making a Statutory Declaration to nullify the fine and the original conviction.[9][10]
[1] Criminal Procedure Rule 30
[2] The Limitation Act 1980
[3] Regulation 9(1) of the Taking Control of Goods Regulations 2013
[4] Section 3 of the Torts (Interference with Goods) Act 1977
[5] Section 4 of the Torts (Interference with Goods) Act 1977
[6] Civil Procedure Rule 44.3
[7] Civil Procedure Rule 46.5
[8] See: HMCTS Historic Debts Team
[8] Section 14 of the Magistrates Courts Act 1980
[9] See: Making a Statutory Declaration
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