If you pay the amount outstanding directly to the council, the enforcement power ceases to have effect[1] and the bailiff may not recover their fees and charges.[2][3]
You may get angry bailiffs demanding you pay his fees. Using their demand, apply for a detailed assessment[4] and you can ask the court that the bailiff company pays your legal costs.[5][6]
The 'amount outstanding' is the unpaid debt[7] together with any amounts recoverable from the proceeds of enforcement.[8]
Enforcement means: taking control of goods and selling them to recover a sum of money.[9]
If the bailiff did not clamp your car or take control of goods using any of the prescribed methods[10] then he has done no enforcement and there are no proceeds, leaving only the unpaid debt as the amount outstanding.
When you pay the council or authority, make a copy of the flow of money, or take photographs of the cheque, the addressed envelope that will contain it, and get a certificate of posting from the Post Office. Never use recorded delivery.
You must give the bailiff or his office, a notice telling him you paid the amount outstanding in full, otherwise the bailiff or his office is not liable if he takes a further enforcement step.[11]
Note: If you approach the council to pay a traffic debt after bailiffs are instructed, they will resist you. They are trying to protect the commercial interest of the bailiff company.
Template:[11] 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 you sent it 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, apply for a detailed assessment.[12]
If the bailiff takes control of your car or other goods after the enforcement power has ended, you can recover them by bringing an action together with your damages.[13]
[1] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[3] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
[4] Civil Procedure Rule 84.16
[5] Civil Procedure 44(2)
[6] Civil Procedure Rule 46.5
[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
[9] Section 62(1) of the Tribunals Courts and Enforcement Act 2007
[10] Paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2013
[11] Paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[12] Civil Procedure Rule 84.16
[13] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
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