You paid your court fine online, HM Court Service says the money has been given to bailiffs

Apply for a detailed assessment hearing under CPR 84.16.

Example letters from HM Court Service after paying a fine online:

When you pay a court fine (without the bailiff taking control of your goods), the "sum adjudged" enforcement power under warrant ceases to have effect. 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.

The "Amount Outstanding" is defined in section 50(3) of Schedule 12 as follows:

(3) The amount outstanding is the sum of these:

(a) the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b) any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

The sum in (a) has been paid online.

The sum in (b) is zero because the bailiff did not take control of goods and sell them to pay the debt. Therefore, there are no "proceeds".

Section 26 of the Crime and Courts Act 2013 states:

75A Costs of collecting sums adjudged to be paid by a conviction

(1) Where a sum is adjudged to be paid by a conviction, the person liable to pay the sum is also liable to pay amounts in respect of costs of doing things for the purpose of collecting sums of that kind.

(2) Where the person is charged such an amount, the sum adjudged to be paid is treated as increased by that amount.

(3) No such amount may be charged unless a collection order or other notice of the person's liability to pay such amounts has been served on the person.

(4) Where time has been allowed for payment of the sum, no such amount may be charged before the end of that time.

(5) Where payment is to be by instalments, no such amount may be charged:

(a) before the first occasion on which there is default in the payment of an instalment, or

(b) at any other time when the instalments are up to date.

(6) No such amount may be charged in respect of costs that may be recovered under paragraph 62 of Schedule 12 (costs related to taking control of goods and selling them).

(7) This section applies even if a collection order is in force.

This rule only applies to the "costs of doing things", and it does not say fees are added to the sum adjudged. Therefore, the sum adjudged remains the sum you were fined by the court.

When you have paid the fine online, you must notify the bailiff company. Do this by email and ignore any reply. Paragraph 59(4) of Schedule 12 states:

(4) If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

You must give a "Paragraph 59" notice.

If a bailiff takes enforcement action after this, contact me.

We can bring an action against them for breach of Paragraph 6(3) of the Schedule 12 enforcement procedure under Paragraph 66 of Schedule 12 which states:

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 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 anything done under the defective instrument.

Why does HM Court Service do this?

The government faces a dilemma. HM Court Service must recover unpaid court fines efficiently and with minimal cost to the taxpayer. Parliament cannot apply the statutory fee schedule to criminal debts because they are means-tested based on the defendant's ability to pay. Significant parts of the Magistrates' Courts Act 1980 would need repealing, particularly section 82(4) which requires a magistrate to consider a defendant's means before setting a fine.

Allowing bailiff companies to recover unpaid fees by taking control of goods would also require repeal of section 92(8) of the Courts Act 2003. As a workaround, HM Court Service contracted bailiff firms to enforce at no cost to the government, passing the financial burden to private firms and their insurers.

Debtors who pay online escape fees. No warrant is executed. So the statutory fee schedule for civil debts does not apply. The HM Court Service circumvents this by using vague letters suggesting that enforcement continues, without stating that the fine is paid and the case is legally closed.

The Parliamentary Ombudsman is aware but investigates only individual cases. This allows some cases to pass unchallenged and gives bailiff companies revenue. The bailiff companies then resist and delay complaints, hoping more debtors will pay rather than challenge.

Some documents list advice services that appear independent but are stakeholders. They advise that fees must be paid without stating legal liability. They are not impartial. If challenged, they hang up or mislead on the regulations.