Does the Bailiff have a warrant?

Believe it or not, bailiffs collecting court fines in the UK are doing so without possessing a warrant! Private Corporations are tasked with collecting fines and are merely issued with DIGITAL WARRANTS. They can get away with this as long as nobody asks for the actual warrant. But if you request a copy of the warrant, which you are entitled to by law, they have nothing to give you. All they can do is show you a pad with a "digital warrant" on it that possesses none of the elements of a lawful warrant.

So ASK for a copy of the warrant! This is a video of Marstons saying they don't need a paper warrant, they have a "digital" warrant:

Enforcement agents must on request show the debtor his identity and his authority to enter the premises. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, which states;

(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—

• (a) his identity, and

• (b) his authority to enter the premises.

Bailiffs now rely on DIGITAL warrants and are unable to present any written AUTHORITY.  This is accepted by the police but leaves scope for the companies to easily forge digital warrants, a more difficult practice when a paper copy was required.

ASK TO SEE THE DIGITAL WARRANT AND TAKE A PICTURE OF IT:

A real warrant is issued under section 76(1) of the Magistrate's Courts Act 1980. The Coat of Arms is always at the top left and It will always say "Note to the Defendant"

If you are shown a forged warrant: Everything is revoked.

The moment a bailiff shows you a warrant that is a counterfeit, or looks like an amateurish effort to have thrown it together on a home computer. it revokes everything that follows as well as revoking the fees.

The use of fake warrants is commonplace as a means of increasing the sum adjudged

The authority to enter premises is the court authority itself. A private company cannot grant itself that authority by making a document on a computer.

He failed to show you his authority to enter premises and is in breach of paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007.

You can now bring a legal action under paragraph 66 of Schedule 12 for the return of any property taken unlawfully by the bailiff.

Most courts now use private firms of bailiffs to collect fines by taking your goods and selling them to pay the fine. This is called a ‘warrant of control’.

The bailiff should give you seven clear days’ notice that they are due to visit you. This is sometimes known as the ‘enforcement notice’. ‘Clear days’ does not include Sundays, Christmas Day or bank holidays.

When the warrant of control is issued, the bailiffs have a right to try to take control of your goods. However, they cannot actually do this until the time limit on the notice of enforcement has run out. In practice, this means that bailiffs may still be able to take control of your goods even if you move them before the time limit has run out. They could try to take control of them at the place you have moved them to once the time limit has passed.

You can ask the fines officer to recall the bailiff’s warrant to the magistrates’ court if the person with the fine is seen as ‘vulnerable’ because of either a physical disability or a mental health condition. You will need to provide medical evidence with your request, which should be in writing. Remember to keep a copy of your letter. Vulnerable Person Template Letter.

Police Assisting Bailiff

Paragraph 22(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

(2)A warrant under paragraph 20 or provision included under paragraph 21 may require any constable to assist the enforcement agent to execute the warrant.

Can the bailiff break in for Court fines?

Even for court fines, Bailiffs do not have the automatic right to beak into your home. It is there but can only be exercised as a LAST RESORT. They would have needed to exhausted all other options, so never let it get to that stage. Deal directly with the Court. Normally, the best course of action is not to open the door to them in case they try to push past you. There is also the danger that they gain entry by peaceful means, such as by getting through an open door, or by you letting them in. 

Bailiffs often site the Tribunal Courts and Enforcement Act 2007, Schedule 12, Part 2, 18(b) to say the can use "reasonable force" to enter a property:

(b) he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

The Forced entry procedures for Magistrate Court Bailiffs: Protocol-forced-entry-contractor.pdf. Forced entry is rarely used for Court fines, especially where there is nobody present at the property.  Forced entry is a LAST RESORT and is usually exercised after seeking the permission of the Court when ALL other options have failed. 

So never ignore a bailiff for Court fines, deal directly with the Court.

A bailiff can take control of goods outside your home, so if you have a vehicle, keep it in a locked garage. If you park the vehicle on your drive or a public road, the bailiffs could clamp and possibly remove it.

Stop a Magistrates' court fines bailiff

You can use any of the following:

Make statutory declaration

Make a part 30.2 statutory declaration

Use the law to get means tested

Do a "change of circumstances"

Ask for more time to pay

Pay the fine online

Deploy 'Pay & Reclaim'

You want to pay a magistrate's court fine in installments

Appeal the fine

Ask the court to commute the fine to unpaid work

Make yourself unavailable.

Make a statutory declaration

If you did not know about the court proceedings, or they commenced without your knowledge, then you make a statutory declaration and the proceedings are invalid.

The statutory declaration must be addressed to a designated officer of the sentencing court within 21 days of becoming aware. That revokes the conviction, the fine and takes the bailiff and his fees out of the loop. Simple!

Make the statutory declaration using the following template. It can be sworn in before any solicitor or a Commissioner of Oaths, fee is usually £5 and take photo ID with you. Send it by RECORDED DELIVERY to the designated officer.

If you do not use recorded delivery, the delivery WILL fail because the law specifically requires recorded delivery. Sub-section (2) of Section 14 of the Magistrates' Courts Act 1980 states;

• (2)For the purposes of subsection (1) above a statutory declaration shall be deemed to be duly served on the designated officer if it is delivered to him, or left at his office, or is sent in a registered letter or by the recorded delivery service addressed to him at his office.

If you don't know which court issued the fine, send it to your nearest administrative magistrates' court relative to your home address from this list.

If court service staff or enforcement company get funny with you then politely end the call and add the following paragraph into the above template:

I telephoned the court service on [DATE AND TIME] and a person who gave their name as "NAME" was unwilling to supply the court service fine reference number.

Make a Part 30.2 statutory declaration

Make a Statutory Declaration to say you did not receive a "collection order or other notice" under Part 30.2 of the Criminal Procedure Rules 2015

Make a statutory declaration to stop enforcement.

Make a STATUTORY DECLARATION then post it by RECORDED DELIVERY

Section 38 of Schedule 5 of the Courts Act 2003 says the court must send a 'Further Steps Notice' (Example) to your current address before sending a bailiff.

Rule 30.2 of the Criminal Procedure Rules 2015 says the court must not exercise enforcement unless a "collection order or other notice" has been sent to the defendant.

It is common for bailiff companies to try and trace missing defaulters using credit reference agencies and the voting register then sending demands to a list of addresses and hope one of them gets a reaction or identifies the current address of the defaulter.

If you have a common name, one particular bailiff company is known to have doctored paperwork to change the date of birth of the defaulter to match the date of birth of another person with the same name.

A Statutory Declaration must be sworn before a solicitor or commissioner for oaths (usually £5) and deliver BY RECORDED DELIVERY to the court that ordered enforcement. If you do not use recorded delivery, the statutory declaration will fail.

Use the law to get means tested

If you have not been means tested, then complete a Court form MC100 and post it to court with the letter below

You had a change in financial circumstances since you were fined

If you have become unemployed, ill or lost your job since you were fined, you can ask the court to re-assess your means to pay.

Section 85 of the Magistrates' Court Act 1980 gives the court power to remit fines where there the defendant has had a change in the financial circumstances. It states;

85 Power to remit fine.

(1)Where a fine has been imposed on conviction of an offender by a magistrates’ court, the court may at any time remit the whole or any part of the fine, but only if it thinks it just to do so having regard to a change of circumstances which has occurred—

(a)where the court is considering whether to issue a warrant of commitment after the issue of such a warrant in respect of the fine has been postponed under subsection (2) of [F2section 77] above, since the relevant time as defined in subsection (4) of that section; and

(b)in any other case, since the date of the conviction.

Write to sentencing court addressed to the fines officer.

Magistrates are much more likely to grant you a stay of enforcement if you plead your case in person at court.

Pay the fine online

First check with the Court that they will not pay the money straight to the Bailiff company. Many courts will do this now to encourage people to pay the debt collectors because both the Court and Bailiffs are Corporations working together!

The bailiff will add on £75 when it is passed on to the warrant stage. They will then add on another £235 at the enforcement stage.  If they bailiff cannot get you to pay and cannot seize any goods (normally a car) then they have to hand it back to the court. At this stage, non of the bailiff fees are enforceable and the original fine can be paid without the bailiff fees:

Pay the fine online or go in person and pay the fine at court and get a RECEIPT. 

When you have paid the fine (The "Sum Adjudged"), the warrant no longer has 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 warrant issued to the bailiff company only confers an enforcement power to recover the "sum adjudged". Section 76(1) 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.

That is why when you pay a court fine online. (check first that the fine is not being handled by the bailiff). If you pay just the fine, you payment could be viewed as a PART payment of both the FINE and the BAILIFF FEES.

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

58(1)This paragraph applies where the debtor pays the amount outstanding in full—

(a)after the enforcement agent has taken control of goods, and

(b)before they are sold or abandoned.

(2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3)No further step may be taken under the enforcement power concerned.

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

You must notify the bailiff in writing under paragraph 59(2) of the Act, which states;

The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

To stop enforcement, the law says you must notify the bailiff when the fine has been paid to HM Court Service.

If a commercial bailiff company threatens or takes an enforcement step, e.g. breaks into your home to recover fees. We can do something about it, and if the police were present, we can sue the police force for failure in their duty to protect you from crime.

Section 78(5) of the Magistrates Courts Act 1980 states;

If any person charged with the execution of a warrant of distress wilfully retains from the proceeds of a sale of the goods on which distress is levied, or otherwise exacts, any greater costs and charges than those properly payable, or makes any improper charge, he shall be liable on summary conviction to a fine not exceeding [F2level 1 on the standard scale].

Deploy Pay & Reclaim

If you need more time to pay the fine,  you can ask the court service administration staff to get your fine taken out of bailiff enforcement and returned to court administration and you can pay the fine in monthly installments.

Telephone the court manager or the fines officer saying that you are experiencing severe hardship and ask to pay the fine in regular instalments.

Making this request in writing (end send by post and by email) and it's much more difficult for court staff to wriggle and get round your request because that amounts to breaching court guidelines.

You want to pay a magistrate's court fine in installments.

Section 165 of the Criminal Justice Act 2003 enables you to have the court reduce your fine and allow you to pay it in affordable instalments. It states;

Remission of fines

(1)This section applies where a court has, in fixing the amount of a fine, determined the offender’s financial circumstances under section 164(5).

(2)If, on subsequently inquiring into the offender’s financial circumstances, the court is satisfied that had it had the results of that inquiry when sentencing the offender it would—

(a)have fixed a smaller amount, or

(b)not have fined him,

it may remit the whole or part of the fine.

There is also guidance issued by the Sentencing Guidelines Council at paragraph 40 of its Magistrates' Court Guideline, which states;

40: A court will allow payments to be made over a period set by the court:

a. If periodic payments are allowed, the fine should normally be payable within a maximum of 12 months. However, it may be unrealistic to expect those on very low incomes to maintain payments for as long as a year;

b. Compensation should normally be payable within 12 months. However, in exceptional circumstances it may be appropriate to allow it to be paid over a period of up to 3 years.

41. Where fine bands D and E apply (see paragraphs 34-36 above), it may be appropriate for the fine to be an amount that is larger than can be repaid within 12 months. In such cases, the fine should normally be payable within a maximum of 18 months (band D) or 2 years (band E)."

Ask the court to commute the fine to unpaid work

Paragraph 2 of Schedule 6 of the Courts Act 2003 states;

2(1)The relevant court may, on the application of a fines officer or of its own motion, make an order under this Schedule (a “work order”) where—

(a)it appears to the court that in view of P’s financial circumstances all the following methods of enforcing payment of the relevant sum are likely to be impracticable or inappropriate—

(i)a warrant of distress under section 76 of the 1980 Act,

Telephone the Court fines officer and say you want to appeal against the decision to issue a warrant of control.

Motoring offences - FPN's and NIP's

See if you have grounds to make an appeal. That stops enforcement.

Make yourself unavailable

Don't answer the door to anyone you don't know.

Never give or confirm your name.

Make sure you don't leave your vehicle outside unless it has a disabled blue badge displayed inside. Otherwise park it on a neighbours property or allocated parking space. NOT on a highway. If your vehicle is lifted from land that you do not usually live and is not a highway,  we can bring an action for breach of paragraph 14(6) of Schedule 12 and recover your vehicle and claim damages.

The bailiff only has 90 days to complete the execution of the warrant, or he has to return the case back to HM Court service. You may get a summons, attend court and plead hardship. The court will pronounce a suspended sentence and allow you to pay in affordable weekly amounts. The bailiff fees are revoked and the enforcement power under the warrant ceases to have effect.

Bailiff Companies

There are four bailiff companies involved in recovering unpaid court fines for HM Court Service

England

Marston Group Limited, (on paperwork as Marston Holdings)

Collectica

Wales

Swift

Excel Civil Enforcement

Example Vulnerable Letter to Court

Division:

Your Ref:

DATE:

Dear Magistrates Court,

RE : Account number:

I contacted the court by phone on____________________ in relation to Account number ___________in relation to a fine for £____ imposed by the Magistrates Court earlier this year.  I have been unable to pay the fine as I have not received any payment card.

I was instructed that the court had handed the matter over to private debt collectors. As I am classed as Vulnerable, I would invite the court to take the matter back from the debt collection agency so that I can pay the court directly in relation to this matter.

According to paragraph 77 of the Taking Control of Goods: National Standards 2014, I am classed a vulnerable for the following reasons:

I am currently unemployed and classed as disabled under the Disability Discrimination Act 2005.

Regulation 10(1) of the Taking Control of Goods Regulations 2013 states:-

10. (1) The enforcement agent may not take control of goods of the debtor where

(a) the debtor is a child;

(b )a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or

(c) the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.

Paragraphs 16 and 30 of the Taking Control of Goods: National Standards 2014 states:-

16. Should a debtor be identified as vulnerable, creditors should be prepared to take control of the case, at any time, if necessary

30. Where enforcement agents have identified vulnerable debtors or situations, they should alert the creditor and ensure they act in accordance with all relevant legislation.

Paragraph 39 of the Taking Control of Goods: National Standards 2014 states Enforcement agencies must ensure that legislation restricting the enforcement activity to enforcement agents is complied with and the corresponding legislation is The Tribunals, Courts and Enforcement Act 2007, Schedule 12.

Paragraph 42 of the Taking Control of Goods: National Standards 2014 also states that:

Enforcement agents should be trained to recognise vulnerable debtors, to alert creditors where they have identified such debtors and when to withdraw from such a situation.

Paragraphs 70 to 78 of the Taking Control of Goods: National Standards 2014 says enforcement agents must withdraw from the property:-

Taking Control of Goods: National Standards 2014:-

Vulnerable situations

70. Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern.

71. If necessary, the enforcement agent will advise the creditor if further action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.

72. Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home - if appropriate.

73. Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

74. A debtor may be considered vulnerable if, for reasons of age, health or disability they are unable to safeguard their personal welfare or the personal welfare of other members of the household.

75. The enforcement agent must be sure that the debtor or the person to whom they are entering into a controlled goods agreement understands the agreement and the consequences if the agreement is not complied with.

76. Enforcement agents should be aware that vulnerability may not be immediately obvious.

77. Some groups who might be vulnerable are listed below. However, this list is not exhaustive. Care should be taken to assess each situation on a case by case basis.

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

78. Wherever possible, enforcement agents should have arrangements in place for rapidly accessing interpretation services (including British Sign Language), when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.

This letter serves to notify both Creditor and Enforcement Company that I am a vulnerable debtor and I am placing the creditor on notice in accordance with paragraph 30 of the Taking Control of Goods: National Standards 2014 and Paragraph 16 says the creditor/council SHOULD be prepared to take control of the case.

In view of the above please DO NOT PASS ME ON TO YOUR BAILIFF WELFARE DEPARTMENT as you have now been informed that I am a vulnerable and should return the debt to the Magistrates Court.

Failure to return the debt, or an attempt to set up a repayment plan with the Enforcement Company will be seen as a delaying tactic not to deal with me as a vulnerable person but a tactic used to avoid the return of the debt to ensure payment of Enforcement Fees. This is futile as no fees will be collected from me. All your fees are Disputed.

I do not anticipate any change in circumstances in the foreseeable future and should be grateful if you would acknowledge this situation.

Any further enforcement action would be in breach of the Protection from Harassment Act 1997.

This letter is being sent to both Creditor and Enforcement Company so that both are aware of my vulnerability and as a reminder that according to Paragraph 7 of the Taking Control of Goods: National Standards 2014 they are responsible for any enforcement agents acting on there behalf.

Please confirm that all enforcement action against me has now ceased and that my account is passed back to the Magistrates Court in order that I may deal with them directly.

Your sincerely

Follow up Letter asking for MORE TIME TO PAY

Dear   -----------,

I am concerned that you are ignoring my Vulnerability notice and are trying to pass me off to a Third Party interloper. I believe that your Corporation is in breach of GDPR regulations by passing my personal data to a private debt collector. I have no intention of passing further personal data to a separate Corporation that has no authority to deal with the collection of court fines.

I would point out the Tribunals, Courts and Enforcement (TCE) Act makes ‘no reference to limited companies acting as an enforcement agent’, only to individuals, leaving bailiff companies unrecognised as entities in enforcement law, and also unregulated.

The COURT does have the authority to take the matter back from the private debt collector if it so wishes. As the court has not provided any means of payment of the fine directly, I request more time to allow me to pay without the added charges of a private unregulated debt collector.

Regards,

The Tribunals, Courts and Enforcement (TCE) Act, that bailiffs rely on , makes ‘no reference to limited companies acting as an enforcement agent’, only to individuals, leaving bailiff companies unrecognised as entities in enforcement law, and also unregulated. Bailiff-companies-acting-unlawfully-local-authority-contracts-says-independent-review/ So if an enforcement agent claims to be acting under this act, you can point out that that they have no authority unless working directly for the court.

The Magistrates Court Act 1980 Section 125B does mention authorised companies being able to execute "warrants". So bailiff companies will cite this act to give them authority. So ask for a copy of the warrant they are acting on and check if they are authorised to serve the warrant.