The court must not send bailiffs to collect unpaid fines until it has served on the defendant a collection order,[1] or other notice of the obligation to pay.[2]
Contact the sentencing court, and when they do the security check, they will ask you for your postcode, give your previous postcode, and if that passes the security check, you have evidence the collection order or the further steps notice was not given to you,[3] and it also proves the bailiff took matters into his own hands and traced you at your present address.[4]
You must give the court a stage 1 formal complaint stating they did not give a further steps notice, or a collection order, before sending bailiffs, and ask them to withdraw the warrant.[5]
When the warrant has been withdrawn, the enforcement power ceases to be exercisable,[6] and the bailiff may not recover any fees and charges.[7]
If Court staff rebuke your request to cease the enforcement power, you may start a complaint with the Parliamentary Ombudsman and ask them to intervene.[8]
Template Stage 1 Formal Complaint
Send the formal complaint to the sentencing court and get a certificate of posting from the post office.
Give a copy of the complaint 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 complaint 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] Criminal Procedure Rule 30.2(a)
[2] Criminal Procedure Rule 30.2(a)(i)
[3] Section 7 of the Interpretation Act 1978
[4] Contrary to Paragraph 12 of the Taking Control of Goods: National Standards, 6 April 2014
[5] Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
[6] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[8] See Parliamentary and Health Service Ombudsman
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