Speak to a BAILIFF Expert - £35

Bailiffs and court fines, the HMCTS Enforcement Services Contract explained

Bailiff companies collecting court fines work under a contract with the Court Service. It is called the HM Court Services Contract.

You can see a copy here: HMCTS Enforcement Services Contract.

Clause 10 (on page 13) reads: In consideration for the performance of the Contract, the Department shall pay the Charges as set out in the Contract or as otherwise agreed in writing.

Under schedule 5 of the contract (on page 53), it gives administration fee £85 and execution fee £215.

Clause 13.1 (on page 13) reads: If any sum of money shall be due from the Contractor, the same may be deducted from any sum then due or which at any time thereafter ay become due to the Contractor under the Contract or any agreement with the Department or with any Department, office or agency of the Crown.

For the avoidance of doubt:

• The contract defines the term "the Department" (page 8) as: "the Secretary of State for Justices acting through the Ministry of Justice"

• A Freedom of Information Act request (February 2012) the Ministry of Justice confirmed (page 2): The retention of the fee by the bailiff company is a contractual one and is covered by section 13.1 of the contract.

The contract is silent about any liability on defaulters to pay fees and so is the original Warrant issued by the Court.

The Ministry of Justice has never officially admitted the enforcement contractor can recover a sum from defaulters that is GREATER than the fined amount unless the contractor has removed goods belonging to the defaulter - DISTRESS, in this case, the cost of selling the goods is deducted from the proceeds of sale of the goods under Paragraph 50 of Schedule 12 of the Tribunals Courtd and Enforcement Act 2007.

This is why Court staff and bailiff companies are careful never to say "contact a solicitor". A solicitor will tell you that Rule 30 of the Criminal Procedure Rules 2015 only apply to - as it says at the top - "ENFORCEMENT OF FINES AND OTHER ORDERS FOR PAYMENT" and the quoted sum of £85 and £215 are neither an order for payment, nor a fine.

There has been an effort by the government to introduce a statutory fee regime according to Page 4 of this confidential government document, and on page 11 it confirms fees are retained by the enforcement contractor from the fine recovered. However, none of this became law due to incompatibility with existing sentencing guidelines for monetary penalties set by the Sentencing Council

Now read the bailiff's document carefully, you will find it is just a printed table of fees and nothing actually says you have been ORDERED to pay them.