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 stops the bailiff action.[1]
The 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 you must 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 using this template.
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 in a kangaroo proceeding and reinstate the fine and continue enforcement.
END OF WARNING!
No Collection Order received
If you knew of the proceedings but had moved or were in prison since being fined, then the court service has failed to comply with regulations requiring a collection order or other notice stating your obligation to pay.[3]
If the address on the bailiff's warrant is wrong, 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 to court, and the fines officer must withdraw the warrant[5] until a collection order is served on the defendant before enforcement powers may be exercised.[6]
Make a formal complaint for breach of regulations using this 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]
See an example Notice of Enforcement.
If money or goods have been taken without you being given a Notice of Enforcement, and the warrant has your previous address or you were in prison, you can do a fee recovery[10] because the bailiff may only recover fees if he uses the Schedule 12 enforcement provisions[11]. You can also bring a claim for damages for breach of enforcement provisions.[12][13]
A person executing a warrant and making 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