You paid the court fine but HM Court Service sent you a refund cheque

Deposit the cheque into your account. It rightfully belongs to you. Should you encounter any difficulties, consider taking legal action for a breach of paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

In instances where you have settled a court fine in-person subsequent to bailiffs being instructed, it is common for certain magistrates' court administrators to issue a cheque while indicating that the "warrant is still live".

However, according to the law, once you have fulfilled the payment for the fine you were "adjudged to pay", the warrant loses its validity as the outstanding amount specified on the (authentic) warrant of control becomes nil.

Section 76 of the Magistrates Courts Act 1980 states;

Enforcement of sums adjudged to be paid.

(1)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.

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

(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.

This elucidates the rationale behind the frequent occurrence of bailiff companies resorting to forged warrants.

No provision within the rules of court sanctions the revival of warrants and court fines once the enforcement authority has been nullified.

Should you encounter bailiffs concerning a court fine that has already been settled, such action constitutes an enforcement measure, thereby permitting the initiation of proceedings under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which stipulates;

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in a county court, in relation to an enforcement power under a warrant issued by a county court;

(c)in any other case, in the High Court or a county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

Here is how to bring the claim: