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You got bailiffs out of the blue about a court fine.

Send a Statutory Declaration to the court and that revokes the conviction, the fine and nixes the bailiff. [1]

 

HMCTS  Historic Debt Team  may have traced you.

The statutory declaration must be notarised  by a solicitor or a commissioner of oaths, their fee is about £5 and take some photo ID with you.

Make a copy of the notarised  statutory declaration and send the original by Royal Mail RECORDED DELIVERY [2]  to any magistrates’ court.

Make a statutory declaration.

TEMPLATE

Send it by Royal Mail RECORDED DELIVERY.

WARNING!  WARNING!  WARNING!  

DO NOT take the statutory declaration in person to a magistrates court.  

Court staff will make you   book an appointment  to make your statutory declaration.

This is a trick to get you into court, so  they can re-convict you a kangaroo proceeding and reinstate the fine and continue the enforcement.

 END OF WARNING!

No Collection Order received.

If you knew of the proceedings but you had moved or were in prison since you were fined , then the court service has failed to comply with regulations that require  a collection  order or other notice  saying you have an obligation  to pay. [3]

If the address on the bailiff's warrant is wrong, then enforcement is invalid because the bailiff may only take control of goods at the address on the warrant. [4]

The bailiff must return the instruction back to court and the fines officer must withdraw the warrant [5]  until a collection order is served on the defendant before the court may exercise its enforcement powers. [6]

Make a formal complaint for breach of regulations.

TEMPLATE

No Notice of Enforcement Given.

The bailiff may take control of goods where the debtor usually lives or carries on a trade or business [7]   only if the debtor has been given  a Notice of Enforcement [8]  at least seven clear days prior excluding Sundays and public holidays. [9]

Example Notice of Enforcement.  

If money or goods have been taken  without being given a Notice of Enforcement and the warrant of control has your previous address or you were in prison, you can do a fee recovery [10]  because the bailiff may only recover fees or charges if he uses the Schedule 12 enforcement provisions [11]  and  you can bring a claim for damages for breach of the enforcement provisions. [12]   [13]

A person execut ing  a warrant and makes an improper charge  commits an offence  and is liable on summary conviction to a fine not exceeding level 1 on the standard scale. [14]


[1]  Section 14 of the Magistrates Courts Act 1980

[2]  Section 14(2) of the Magistrates Courts Act 1980

[3]  Rule 30.2 of the Criminal Procedure Rules

[4]  Paragraph 9(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[5]  Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012

[6]  Rule 30.2 of the Criminal Procedure Rules

[7]  Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[8]  Paragraph 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[9]  Regulation 6 of the Taking Control of Goods Regulations 2013

[10]  Civil Procedure Rule 84.16

[11]  Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014

[12]  Paragraph 66(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[13]  Section 78(3) of the Magistrates Courts Act 1980

[14]   Section 78(5) of the Magistrates Courts Act 1980