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. You can apply for a detailed assessment hearing under CPR 84.16.

It is the practice of Marston Holdings, Collectica and Excel Civil Enforcement to attempt enforcement steps to recover their fees. These include threats involving police, locksmiths, or false claims of arrest. This article explains how arrest warrants work.

The legal position

A warrant of control for recovery of unpaid magistrates' court fines is issued under section 76 of the Magistrates Courts Act 1980. The Act states:

Subject to the following provisions... 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 permits recovery of the sum adjudged. Bailiffs cannot enforce unpaid fees because they are not part of the sum adjudged.

Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 provides that property ceases to be bound when:

• The amount outstanding is paid;
• The instrument under which the power is exercisable ceases to have effect;
• The power ceases to be exercisable for any other reason.

Paragraph 31 of the Taking Control of Goods: National Standards 2014 confirms enforcement agents must not enforce fees where enforcement powers have ceased.

If you have receipts proving when the fine was paid and a bailiff is now pursuing you for fees, contact me. You may be able to take action.

If money or goods were taken after the fine was paid and threats involving locksmiths or police were made, you may bring a civil claim for recovery and damages. Learn how to take a bailiff company to court.

Civil remedy

Section 1 of the Protection from Harassment Act 1997 prohibits a person from pursuing conduct which amounts to harassment and which they know or ought to know amounts to harassment.

Section 3 permits civil proceedings for an actual or apprehended breach of section 1. Damages may include anxiety and financial loss. An injunction may also be sought, with provision for arrest if breached.

Common excuses by court staff

HM Court Service staff often provide inaccurate justifications for bailiff fee enforcement, including:

• "It's in the hands of the bailiffs"
• "Contact the bailiffs to discuss payment"
• "We have passed the money to the bailiff company"
• References to Criminal Procedure Rules or Rule 54 of Magistrates' Courts Rules 1981 (repealed)
• Claims of common law or Treasury authorisation
• Misuse of Paragraph 62 of Schedule 12
• Misstatements about binding money (applies to goods only)

HM Court Service has confirmed that it does not enforce the recovery of bailiff fees. Bailiffs often do not show the genuine warrant, instead displaying unauthorised copies with sums added. See sample and counterfeit warrant.

Under Paragraph 66 of Schedule 12, you may bring an action if a bailiff takes goods or money after the fine was paid.

Police involvement

If police assisted a bailiff in obtaining money or goods after enforcement power ceased, complain to Professional Standards. Use this template: