You paid the fine into court online. The bailiff is now pursuing you for his fees.

Once the fine has been paid, the enforcement power under the warrant of control ceases to have effect.

The bailiff does not have an enforcement power

 

 

It is the practice of marston holdings, Collectica and Excel Civil enforcement to attempt an enforcement step to get you to pay their fees. These include threatening to call police, get a "locksmith" or "enter and search for goods". They might even go as far as saying you will be "arrested". (This article explains how "arrest warrants" work).

 

 

 

The legal position.

A warrant of control for the recovery of unpaid magistrates;' courts fines is issued under section 76 of the Magistrates Courts Act 1980; which states;

Subject to the following provisions of this Part of this Act, and to section 132 below F1, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison.

The warrant only confers an enforcement power to recover the sum adjudged.

Bailiffs cannot enforce unpaid fees because they are not the sum adjudged.

 

 

 

Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

(3)The property in all goods ceases to be bound when any of these happens

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

(c)the power ceases to be exercisable for any other reason.

 

 

 

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

 

 

If you have the receipts proving when you paid the sum adjudged, and a bailiff is pursuing you about fees, then contact me. We can do something about it.

If you have been forced to make over a sum of money or goods to a bailiff without having an enforcement power after being threatened with a locksmith or police, then you can bring a civil claim to recover the money or the goods and claim damages. Here is how to take a bailiff company to court

 

 

 

Civil Remedy

Section 1 of the Protection from Harassment Act 1997 states;

 

Prohibition of harassment.

(1)A person must not pursue a course of conduct

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

 

 

Section 3 of the Protection from Harassment Act states;

Civil remedy.

(1)An actual or apprehended breach of section 1(1) may be the subject of a claim in civil proceedings by the person who is or may be the victim of the course of conduct in question.

(2)On such a claim, damages may be awarded for (among other things) any anxiety caused by the harassment and any financial loss resulting from the harassment.

(3)Where—

(a)in such proceedings the High Court or the county court grants an injunction for the purpose of restraining the defendant from pursuing any conduct which amounts to harassment, and

(b)the plaintiff considers that the defendant has done anything which he is prohibited from doing by the injunction,

the plaintiff may apply for the issue of a warrant for the arrest of the defendant.

 

 

 

 

List of known excuses given out by Court Service employees

Over the years, HM Court service staff have come out with some of the most outlandish excuses about the enforcement of fees after the fine has been paid into court online.

"it's in the hands of the bailiffs" or (words to this effect)
"contact the bailiffs to discuss payment"
"we have passed the money to the bailiff company"
"the Criminal Procedure Rules"
"Rule 54 of the Magistrates' Courts Rules 1981" (which has been repealed anyway).
It is under "common law"
A "treasury solicitor has authorised the charge"
It's costs in connection with execution of the warrant (even when no goods have been taken into control)
Paragraph 62 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
On issue of the warrant, the defaulters money is "bound". (this only applies to goods).
The fees are allowed under the Criminal Procedure Rules (these only applies to disbursements in connection with taking and selling goods - "enforcement")

 

Officially HM Court Service confirmed several times neither the court nor the HM Court service do not enforce payment of fees.

It is why the bailiff will never show you the genuine court warrant. They know it says the words: Note to the defendant and it specifically states Money owed. See sample

Instead the bailiff might show you a mock up, a forgery - with sums added to the sum adjudged. See sample

 

If a bailiff is pursuing you for fees after you have paid the fine, or has taken money or goods after paying the fine, then contact me, and you can bring an action under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

 

 

 

Police involvement

If police assisted a bailiff obtain money or goods under these circumstances, then you can make a complaint to Professional Standards