If you pay a court fine direct to the magistrates' court, the court has a duty to give a receipt.[1]
HM Court Service will close the case as far as they are concerned, but the bailiff company, with commercial interests, may still want their fee because they get no payment from HM Court Service.[2][3]
When the Amount Outstanding[4] is paid, the property in the debtors' goods cease to be bound[5] ending the enforcement power, and the bailiff may not seek to enforce the recovery of fees.[6]
The Amount Outstanding is the unpaid debt[7] and disbursements recoverable out of proceeds[8] of enforcement against the debtor's goods.[9]
If the bailiff has not taken control of the debtor's goods using any of the prescribed methods,[10] there are no controlled goods from which proceeds can be obtained.
If a bailiff threatens or takes a fee after the enforcement power ceased to be exercisable, a party may apply for a detailed assessment hearing.[11][12]
The applicant may recover their legal costs,[13] or their own costs, currently, £19 an hour if they represent themselves.[14][15]
To bring a detailed assessment hearing, the applicant must show the court the receipt for payment of the fine, the date the notice was given to the bailiff and evidence the bailiff demanded or took a money transfer at any time after the enforcement power ceased to have effect.[16]
If any person charged with executing a warrant exacts, any greater costs and charges than those properly payable, or makes any improper charge, commits an offence.[17]
The bailiff is not liable unless he is given a notice telling him that the amount outstanding has been paid in full.[18]
Template Notice to Bailiff. [18]
Send this notice to the bailiff company by email, and by text message to the bailiff. Make a screenshot of the sent email recording the time it was sent and make a screenshot of the sent text message.
If the bailiff threatens to take an enforcement step or makes a demand for his fees, you can apply for a detailed assessment.
[1] Criminal Procedure Rule 30.3
[2] JBW Ltd v Ministry of Justice [2012] EWCA Civ 8, 16 January 2011
[3] Clause 10 (page 13) of the HM Court Service Enforcement Services Contract
[4] Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Paragraph 31 of the Taking Control of Goods: National Standards, published by the Ministry of Justice.
[7] Paragraph 50(3)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Paragraph 50(3)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Paragraph 50(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Paragraph 62 of the Tribunals Courts and Enforcement Act 2007
[10] Paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[11] Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014
[12] Civil Procedure Rule 84.16
[13] Civil Procedure Rule 44.2
[14] Civil Procedure Rule 46.5
[15] Practice Direction 46.5 Rule 3.1
[16] Civil Procedure Rule 84.16(3)(d)
[17] Section 78(5) of the Magistrates' Courts Act 1980
[18] Paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
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