Fact Sheet - Bailiffs and Magistrates' Courts Fines.

 

 

 

Bailiffs turned up demanding a court fine you knew nothing about

Section 14 of the Magistrates' Courts Act 1980 says the proceedings are invalid if the defendant did not know about them. The accused may make a statutory declaration that he did not know of the summons or the proceedings. The proceedings and the court fine become void when the debtor serves the statutory declaration on the designated officer of the court. Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement ceases to be exercisable. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursements when the enforcement process ceases.

 

The bailiff did not give you a Notice of Enforcement

Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may not take control of the debtor's goods unless the bailiff has given the debtor a Notice of Enforcement. Regulation 6 of the Taking Control of Goods Regulations 2013 says the bailiff must give the debtor the Notice of Enforcement not less than 7 clear days before taking control of the debtor's goods. If the Warrant of Control shows a different enforcement address than the address the bailiff attended, then the Warrant is a "defective instrument". Section 7 of the Interpretation Act 1978 says a document given by post is deemed served on the debtor unless evidence to the contrary is proved. The wrong address shown on the Warrant of Control is contrary evidence. Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show at the debtor's request, evidence of his authority to act. If the bailiff refuses to show you the Warrant of Control, then he knows the Warrant is defective. Paragraph 19 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 states, enforcement agents must act within the law at all times, including all legislation and observe all health and safety requirements in carrying out enforcement.

 

The bailiff took an enforcement step less than 12 days from the issue date shown on the Notice of Enforcement

Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a notice before taking control of the debtor's goods. Regulation 6 of the Taking Control of Goods Regulations 2013 says the bailiff must give the debtor the Notice of Enforcement not less than 7 clear days before taking control of the debtor's goods. Part 6:26 of the Civil Procedure Rules says a document given by second class post is deemed served on the second business day after posting.

 

The Court did not give you a "Collection Order" or a "Further Steps Notice" before sending a bailiff

Section 76 of the Magistrates' Courts Act 1980 says the court may issue a Warrant of Control to recover a sum adjudged to be paid by the defendant. Criminal Procedure Rule 30.2(a) says the court must not exercise its power unless the court officer has served the defendant a "collection order or other notice" of his obligation to pay. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the defendant may ask the bailiff to show evidence of the Warrant of Control. If the bailiff refuses, then he knows the Warrant of Control is a defective instrument and he is knowingly attending an address not shown on the warrant. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 says: Creditors must not issue a warrant knowing that the debtor is not at the address, to trace the debtor at no cost. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue for the breach. Debtors cannot sue HM Court Service because it is a public authority, so the debtor may only sue the Office of the Secretary of State for Justice.

 

You paid the fine directly into court, but the bailiff is pestering you for his fees

Paragraph 6(3)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable when the "amount outstanding" has been paid. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 gives the legal definition as "amount outstanding". It is the debt that is unpaid and fees and disbursements in connection with enforcement. Section 62(1) of the Tribunals, Courts and Enforcement Act 2007 gives the legal definition of "enforcement" to be taking control of goods and selling them to recover a sum of money. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must exercise one of the four prescribed methods to take control of goods. If the bailiff did not exercise any of the four methods, then he has not taken control of goods, and there are no fees and disbursements recoverable from the debtor. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 further says, the bailiff may only use the fees regulations when he uses the Schedule 12 provisions. There is one caveat. Paragraph 59(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff is not liable if he takes an enforcement step unless given a notice telling him you have paid the amount outstanding in full. This is called a "Paragraph 59 Notice".

 

The bailiff threatened you with a locksmith

The Schedule 12 enforcement provisions are silent on allowing bailiffs to use or threaten a locksmith or break entry into debtors' homes to recover an unpaid court fine. Paragraph 18(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may enter using "reasonable force" to recover an unpaid magistrates' court fine. The law does not define "reasonable force" so bailiffs interpret it to mean breaking into debtors' homes or interfering with the locks. History has shown it is not financially viable for commercial bailiff companies to break into debtors' homes. The cost of the repairs and rehousing of the debtor and his family falls on the taxpayer.

 

The court did not means-test you before setting the fine amount

Section 85 of the Magistrates' Courts Act 1980 gives the court the power to remit a court fine when the debtor has had a change of circumstances. Section 124 of the Sentencing Act 2020 says the Court must enquire about the individual's circumstances before setting a fine, and Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides for the court officer to withdraw the Warrant of Control from the bailiff. You can complete and send a Form MC100 Statement of assets and other financial circumstances to the court officer at the sentencing magistrates' court.

 

The bailiff is refusing to give you more time to pay your court fine

Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 provides for the court officer to withdraw the Warrant of Control from the bailiff. Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable. Paragraph 24 of Schedule 5 of the Courts Act 2003 says the court has the power to vary a fine to be paid in specified instalments. You can complete and send a Form MC100 Statement of assets and other financial circumstances to the court officer at the sentencing magistrates' court. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursements when the enforcement process ceases.

 

An official advice agency or debt charity said I can negotiate my debt directly with the bailiffs.

Official guidance from advice agencies and debt charities often recommends negotiating directly with bailiffs, but this can be counterproductive. Bailiffs receive a flat fee of £90 for debt recovery, so their priority is simply collecting the debt, often through aggressive means. Engaging with them directly may undermine your position. For better protection, address the debt through the relevant authority. While Controlled Goods Agreements are advised, bailiffs frequently choose to tow vehicles, rapidly concluding their tasks. Debt counselling is unlikely to help if the debt is disputed or enforcement does not comply with regulations. Moreover, bailiff companies often use obscure addresses and names. Providing a financial statement to them risks your data security, as you lose control over managing your personal and financial information.

 

You have had a change of financial circumstances since the court fined you

Section 124 of the Sentencing Act 2020 says the court has to enquire about a defendant's financial circumstances. Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 says the court can withdraw the Warrant of Control from the bailiff. Paragraph 24 of Schedule 5 of the Courts Act 2003 says the court can set a fine to be paid in specified instalments. Regulation 6(3)(c) of the Taking Control of Goods Regulations 2013 says the enforcement ceases to be exercisable and Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff cannot recover fees and disbursements from the debtor when the enforcement power ceases.

 

You recently moved or changed address, and the bailiff turned up

Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may not take control of the debtor's goods unless the bailiff has given the debtor a Notice of Enforcement. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show the Warrant of Control at the debtor's request. Section 7 of the Interpretation Act 1978 says a document given by post is deemed served by ordinary post unless contrary evidence is proved. If the Warrant of Control shows the debtor's previous address, then the bailiff knows the Warrant of Control is a defective instrument and he knowingly attended on the debtor without giving the debtor a Notice of Enforcement. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue for the breach. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 states, Creditors must not issue a warrant knowing that the debtor is not at the address, to trace the debtor at no cost.

 

You are a vulnerable person

Paragraph 77 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 provides a list of potentially vulnerable debtors. They include disabled people, the unemployed, single-parent families, pregnant women, non-English-speaking people, and the recently bereaved. Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may not recover Enforcement Stage fees and disbursements from vulnerable debtors unless the bailiff gives them adequate opportunity to get advice before taking control of goods. Bailiff companies say they have a "welfare department" but that is a subterfuge to defeat Regulation 12 and bailiff companies are not medically qualified to arbitrate debtors' vulnerability. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can apply to dispute the bailiff's charges with the court. Civil Procedure Rule 84.16(1)(d) provides for vulnerable debtors to recover Enforcement Stage fees and disbursements taken by the bailiff.

 

The bailiff does not have a valid enforcement certificate

Section 63 of the Tribunals, Courts and Enforcement Act 2007 says an "individual" may act as an enforcement agent when he acts under a valid enforcement certificate. Under section 63(6), it says a person is guilty of an offence if he recklessly and knowingly purports to act as an enforcement agent without being authorised to do so. Section 1 of the Magistrates' Courts Act 1980 says on information being laid before the court a Justice of the Peace may issue a warrant to bring the accused before the court to answer the information. You will need a solicitor and have sufficient evidence and the prosecution must be in the public interest. The debtor can report the individual to the police, but the police may consider the crime a civil matter. A "civil matter" is a police buzzword for a crime they don't want to investigate.

 

The bailiff refused to show evidence of his identity

Section 3 of the Certification of Enforcement Agents Regulations 2014 says the court may issue a certificate provided the applicant is a fit and proper person. An enforcement certificate is a white laminated card 6 inches by 2 inches with a mugshot, carrying the bailiff's name, and the name of the court that issued the certificate. A judge signs it in wet ink. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show evidence of his identity on the debtor's request. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may sue for breach of the Schedule 12 provisions and the bailiff is no longer "lawfully acting". Bailiffs might flash a fake identity card or a police-like warrant card and badge, but they will hide it away before the debtor can see it is a fake. Section 90 of the Police Act 1996 says it is an offence to have any police-like equipment including a badge.

 

The bailiff refused to show the warrant of control

Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show evidence of his authority to act at the debtor's request. The authority to act is the Warrant of Control. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue for breach of the Schedule 12 provisions. Section 6 of the Fraud Act 2006 says a person is guilty of an offence if he has in his possession any article in connection with any fraud. Section 8 says the "article" can be an electronic program or document. When a bailiff has refused to show the Warrant of Control in breach of Paragraph 26, then he is no longer "lawfully acting" under Paragraph 68 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

 

The bailiff showed a Warrant of Control that looked fake

Section 6 of the Fraud Act 2006 says the bailiff commits an offence if he has in his possession any article in connection with a fraud and Section 8 says the "article" can be an electronic document. Take a photograph of the suspect document and you can hand it to the police.

 

The bailiff charged you the £235 Enforcement Stage fee more than once

Regulation 5(1)(b) of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may only recover the Enforcement Stage fees and disbursement once when they are recovering more than one Warrant of Control against the same debtor simultaneously. Bailiffs may charge the £75 Compliance Stage fee for each Warrant of Control being exercised. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can dispute the number of Enforcement Stage fees the bailiff has taken or demanded. Civil Procedure Rule 84.16(3)(c) says the debtor may recover the excess Enforcement Stage fees and disbursements taken by applying to the court for an assessment.

 

The bailiff charged you a £110 Sale Stage fee

Regulation 5(1)(c) of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may charge a Sale Stage fee when he starts removing controlled goods. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prescribes the four methods a bailiff can choose from to take control of goods. If the bailiff did not exercise any of those four methods, then he has not taken control of goods. The bailiff cannot charge a Sale Stage fee because there are no controlled goods to be removed. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can dispute the Sale Stage fee. Civil Procedure Rule 84.16(3)(d) says the debtor can dispute the fee demanded or taken by the bailiff by applying to the court. If the bailiff cannot charge a Sale Stage fee because he tells you he has "called a truck".

 

The bailiff charged you a "card fee" or a "card processing fee"

Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 provides a list of disbursements bailiffs may recover from the debtor. A card fee is not a prescribed disbursement. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can dispute the disbursements not recoverable under the regulations. Civil Procedure Rule 84.16(1)(b) says the debtor can apply to the court to assess the disbursements demanded or taken by the bailiff.

 

The bailiff charged VAT on his fees

Section 63(2) of the Tribunals, Courts and Enforcement Act 2007 prescribed an "enforcement agent" to be an "individual" (a person) authorised to act as an enforcement agent with a valid certificate. Search the bailiff's name on the HMRC public register of VAT registrants. If the bailiff is not VAT registered and charges you VAT on his fees and disbursements, then he commits VAT fraud. Bailiff companies are usually limited companies, they cannot be an "individual" and cannot avail themselves of the prescribed fee schedule to the Taking Control of Goods (Fees) Regulations 2014. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 says the fees regulations apply when the "enforcement agent" uses the Schedule 12 procedure. You can report the unregistered bailiff for VAT fraud.

 

The bailiff charged high "storage fees" for keeping your vehicle

Regulation 8(2)(a) of the Taking Control of Goods (Fees) Regulations 2014 provides for bailiffs to recover disbursements for storing the debtor's vehicle (goods) after removing it from premises or a highway. Regulation 8(2) says the bailiff may only recover disbursements "reasonably and actually incurred". This carries a two-part test. The first test is "reasonably", the bailiff must show the reason he paid a disbursement to store your vehicle. For the second test, "actually". The bailiff must show evidence of the flow of money that he actually paid the disbursement to store your vehicle. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can apply to the court to dispute the disbursements demanded or taken by the bailiff. Civil Procedure Rule 84.16(2) says the debtor can apply to the court to assess the storage disbursement in dispute.

 

The bailiff said he could "arrest" you, or told you a court has issued an "arrest warrant" against you

Section 8 of the Police and Criminal Evidence Act 1984 says a court may issue an arrest warrant to bring the accused before the court. Under section 8(1), it says a constable makes the arrest. Section 117 of the Magistrates' Courts Act 1980 says a court can issue a no bail warrant. Bailiff companies use the words "arrest" because it misleads debtors that bailiffs have police-like powers. The practice is debtor tracing. Bailiffs go round to a list of addresses linked to the debtor and push a document through the door to see if the debtor contacts the number on the document. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 says: Creditors must not issue a warrant knowing that the debtor is not at the address, to trace the debtor at no cost.

 

The bailiff took control of goods before 6 am or after 9 pm

Regulation 13 of the Taking Control of Goods Regulations 2013 says bailiffs may not take control of goods of the debtor before 6 a.m. or after 9 p.m. on any day. If your RING doorbell video camera records a bailiff clamping your vehicle outside the prescribed hours, then call the police on 999. The CAD (Computer Aided Dispatch) logs the time of your call and is unquestionable evidence the bailiff is in breach of enforcement regulations. The bailiff may write on the Warning of Immobilisation that he clamped the vehicle at 6:05 am. That shows the bailiff knew he was acting in breach of the prescribed hours for enforcement.

 

You were paying in instalments then you got bailiffs

Do not set up a payment plan with a bailiff company, they will mess you about. Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 says the court officer may withdraw the Warrant of Control from the bailiff, and Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable. Paragraph 24 of Schedule 5 of the Courts Act 2003 says the court has the power to vary a fine to be paid in specified instalments. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursements when the enforcement power ceases.

 

Court Service said its "Hereford and Worcester Ex-parte McRae"

Between 2009 and 2016, staff at HM Court Service put out a myth that they could not withdraw a Warrant of Control after the court instructed the bailiff and before the debtor discharged the fine adjudged into court. A claimant defeated this argument in 2016 when he sued the Ministry of Justice for breach of section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states the enforcement power ceases to be exercisable when the "amount outstanding" is paid. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the "amount outstanding" is the debt owed.

 

The bailiff turned up about a court fine you had already paid online to HM Court Service

Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable when the "amount outstanding" is paid. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines the "amount outstanding" to be the debt owing and any amounts (costs) recoverable from the proceeds of enforcement. Section 62(1) of the Tribunals, Courts and Enforcement Act 2007 defines "enforcement" to be taking control of goods and selling them to recover a sum of money. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 gives the four prescribed methods bailiffs can use to take control of the debtor's goods. If the bailiff has exercised none of the four prescribed methods, then he has not taken control of the debtor's goods, and there are no "proceeds of enforcement". Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursements when the enforcement process ceases.

 

The bailiff is recovering a fine from an alleged non-indictable offence is over 6 months ago

Section 64 of the Criminal Law Act 1977 defines "indictable" offences (an offence where the accused does not need to be charged, e.g., TV licence or minor traffic violation. Section 127 Magistrates' Court Act 1980 says a magistrate must not try information or hear a complaint unless the offence took place less than 6 months prior.

 

The bailiff is recovering an unpaid court fine adjudged over 12 months ago

Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may not take control of goods belonging to the debtor unless the bailiff has given the debtor a Notice of Enforcement. Regulation 9(1) of the Taking Control of Goods Regulations 2013 says the bailiff may not take control of the debtor's goods after 12 months shown on the date of issue on the Notice of Enforcement.

 

The bailiff has clamped your vehicle

Paragraph 13(1)(a)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiffs may immobilise the debtor's goods on land where he finds them or on a highway. If the vehicle is on hire-purchase, the debtor can apply for an injunction. If the vehicle is exempt, the debtor can reclaim exempt goods, or the debtor can deploy a "Pay & Reclaim". Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must take reasonable care of controlled goods. Regulation 34(1)(a) of the Taking Control of Goods Regulations 2013 says the bailiff must keep the goods in a similar condition before taking control of them. If the bailiff damages controlled goods, the debtor can recover damages under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 or Section 3 of the Torts (Interference with Goods) Act 1977. Under Rule 6 of Practice Direction-Pre-Action Conduct And Protocols, ask the bailiff company for a copy of the bailiff's body-worn camera recordings. They will show the condition of the vehicle before removing it. When a bailiff company cannot disclose the body-worn camera recordings, they know it will show the damage was not there before removing your vehicle.

 

The bailiff has towed your vehicle away

Call TRACE on 0845 206 8602 and report the car stolen to the police. It doesn't matter if the police tell you the crime is a civil matter. Tell the DVLA the car has been "taken without permission". Turn on your vehicle tracker and see on the map where the bailiff has taken your vehicle. Prepare to do a "Pay and Reclaim" on the vehicle then make a claim for damage to controlled goods and make an enforcement compliance check to see what other remedies are available.

 

The bailiff is demanding money for a fine by a housemate or other person

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of goods that belong to the debtor. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of goods where the debtor lives. If the bailiff's Warrant of Control shows the debtor's previous address, then it is a "defective instrument". The bailiff cannot recover the sum adjudged and he must return it to HM Court Service to issue a new Warrant of Control specifying the debtor's correct address. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 says Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.

 

You paid the fine online, but HM Court Service sent you a letter saying they have given the money to bailiffs to divvy out their fees and return the balance to court

There is nothing in Court rules enabling HM Court Service to give public money to a private company. In reality, no public money passes from Court Service to a private company to enforce unpaid court fines JBW Group Ltd v Ministry of Justice [2012] EWCA Civ 8. Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable when the "amount outstanding" is paid. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines "amount outstanding" to be the debt and costs recoverable from "proceeds of enforcement". Section 62(1) of the Tribunals, Courts and Enforcement Act 2007 defines "enforcement" to be: taking control of goods and selling them to recover a sum of money. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prescribes the four methods a bailiff can use to take control of the debtor's goods. If the bailiff did not use any of the four prescribed methods, then he has not taken control of any goods, and therefore, there are no "proceeds of enforcement". Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursements from the debtor when the enforcement power ceases to be exercisable.

 

You paid the court fine online, but HM Court service returned the money

Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable when the "amount outstanding" is paid. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursements when the enforcement process ceases. Legislation is silent on reviving an extinguished enforcement power when the money paid in discharge of a sum adjudged into court is gifted to the defendant. The defendant may keep the money and the enforcement power has ceased to be exercisable.

 

The bailiff is demanding that you pay someone else's court fine

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may take control of goods only if they are the goods of the debtor. Section 1 of the Protection from Harassment Act 1997 says a person must not pursue a course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other. Section 3(a) of the Protection from Harassment Act 1997 says the victim may apply to the court for an injunction restraining the person from pursuing any conduct which amounts to harassment. Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the third party may apply to the court to claim the money taken.

 

The bailiff forced you to pay someone else's court fine

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of the debtor's goods. If you, a third party, are not the debtor named on the bailiff's Warrant of Control and the bailiff took a money transfer from you under the pain of removing your goods, or other threat, then the third party can make a chargeback with their bank. The bank will ask the bailiff to show evidence the account holder's name is on the Warrant of Control, otherwise, the bank will charge back the money to the account holder. Section 78(5) of the Magistrates' Courts Act 1980 creates an offence when a bailiff makes an "improper charge", and shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

 

The bailiff removed an exempt vehicle or goods

Paragraph 11(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiffs may take control of the debtor's goods that are not exempt. Regulation 4 of the Taking Control of Goods Regulations 2013 prescribes a list of exempt goods. It includes vehicles with a value under £1350 and used in the debtor's trade or education. Civil Procedure Rule 85.8 gives the procedure for claiming exempt goods. Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the debtor may bring a claim for damages for the breach of Paragraph 11(1)(b).

 

The bailiff sold your vehicle, but he did not give you a written valuation

Paragraph 36 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a written valuation. Regulation 35(2) of the Taking Control of Goods Regulations 2013 says the bailiff can make up his own valuation. Regulation 35(3) of the Taking Control of Goods Regulations 2013 says the bailiff can get a valuation. If the vehicle is exempt, the bailiff will over-value it to push it over the £1350 exemption limit. Complete a DVLA form V888, contact the new registered keeper and ask for the invoice showing how much he paid for the vehicle at auction. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may recover damages for the breach of paragraph 36.

 

The bailiff refused to explain his fees and costs

The schedule to the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may recover a Compliance Stage fee of £75 when the bailiff gives the debtor a Notice of Enforcement. The bailiff may recover an Enforcement Stage fee of £235 and 7.5% of the sum to be recovered exceeding £1500 then the bailiff attends to take control of goods. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prescribed the four methods the bailiff can use to take control of the debtor's goods. After taking control of the debtor's goods, the bailiff may recover a Sale Stage fee of £110 plus 7.5% of the sum to be recovered exceeding £1500 when he starts removing controlled goods. Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. Regulation 7 of the Taking Control of Goods Regulations 2013 says the content of the Notice of Enforcement includes the amount of any enforcement costs incurred up to the date on the Notice of Enforcement and the possible additional costs of enforcement if the sum outstanding should remain unpaid. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor may apply to the court to dispute the enforcement agent's charges.

 

The bailiff's controlled goods agreement is not compliant with regulations

Paragraph 13(1)(d) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may enter a controlled goods agreement with the debtor. The agreement allows the debtor to remain in possession of the controlled goods and not to dispose of them. Regulation 15 of the Taking Control of Goods Regulations 2013 provides the content of a valid controlled goods agreement. If the controlled goods agreement is not compliant with Regulation 15, then the controlled goods agreement is not valid.

 

The bailiff told you he is an "officer"

Section 63 of the Tribunals Courts and Enforcement Act 2007 prescribed an "enforcement agent" to be an individual authority to act as an enforcement agent with a valid certificate. Regulation 6 of the High Court Enforcement Officers Regulations 2004 prescribes a High Court Enforcement Officer to be an "individual authorised" by the Lord Chancellor to act as an enforcement officer. Bailiffs call themselves "officers" because it is police-like and mislead debtors they have greater authority than prescribed. Bailiffs are Enforcement "agents" without authority to officiate and have not taken an oath of office making them "officers".

 

The bailiff is blackmailing you. What is "Pay & Reclaim"?

If a bailiff is demanding a money transfer from you under the pain of keeping your goods, you may deploy a Pay and Reclaim. This involves conceding to the demand to get your vehicle back, then claiming for damage to the vehicle or a breach of the enforcement provisions and their underlying regulations. This will regain control of the vehicle and make it commercially and financially toxic for the bailiff. You must record a video of the controlled vehicle before the bailiff removes it and another video when the bailiff releases the vehicle to you at the vehicle pound. Rule 6 of the Practice Direction - Pre-action Conduct and Protocols, request a copy of the bailiff's body-worn video recordings. They will show the condition of your vehicle before he removes it. If the bailiff refuses to give the video recordings, then any fresh damage to your vehicle was likely caused after the bailiff removed it. Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must take reasonable care of controlled goods. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may recover damages for the cost of the repairs for the breach of Paragraph 35.

 

The bailiff is sending you nuisance text messages that are causing you distress

Bailiffs get your mobile number from the DVLA because you put it on the V5 new keeper slip when you registered the contravention vehicle. Bailiffs spam you because they don't know where you live and they could not find the contravention vehicle. Always block and report the sender. Never respond to bailiffs' spam text messages. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 says Creditors must not issue a warrant knowing that the debtor is not at the address, to trace the debtor at no cost. Section 1(1)(a)(ii) of the Malicious Communications Act 1988 says a person sending an electronic communication containing a threat is guilty of an offence. Under Section 127(1)(a) of the Communications Act 2003, it says a person is guilty of an offence if he sends a public electronic communication that is menacing. Section 1 of the Protection from Harassment Act 1997 says a person must not harass another when he knows his action amounts to harassment. Section 3 of the Protection from Harassment Act 1997 says the victim may apply to the court to stop the harassment.

 

A bailiff left a document hanging out of your letterbox or a communal doorway

Staff at the sentencing magistrate's court cannot find the defaulter's address. Criminals search for homes to burgle by placing a leaflet hanging out of the victim's letterbox or in the communal area of a block of flats. The criminal returns to see if someone has taken the document. Bailiffs leave a red demand letter hanging out of a letterbox or in a communal area of a block of flats where they think the debtor lives. If the debtor comes home and takes the document or calls the mobile number written on the document admitting they are the debtor. The bailiff has traced the debtor. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 says Creditors must not issue a warrant knowing that the debtor is not at the address, to trace the debtor at no cost. The Warrant of Control with the debtor's wrong address is a "defective instrument" and the bailiff cannot exercise its enforcement power. Section 14 of the Magistrates Courts Act 1980 says the defaulter may give the magistrates' court a statutory declaration that he did not know of the proceedings, and that voids the proceedings and the enforcement. Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff's fees and disbursements are not recoverable when the enforcement process ceases.

 

You told the bailiff to leave your property, and he refused

A bailiff not having a valid enforcement certificate or, does not have a valid Warrant of Control (a defective instrument), the bailiff must leave the property being attended with all due reasonable speed, Morris v Beardmore [1980] 71 Cr App 256. The Warrant of Control allows the bailiff to remain on the premises and his valid enforcement certificate allows him to take control of the goods of the debtor named on the Warrant of Control. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may sue for damages when the bailiff breaches the Schedule 12 enforcement provisions. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show at the debtor's request evidence of his authority to act. When the bailiff refuses to show the Warrant of Control or his enforcement certificate, he is now in breach of Paragraph 26 of Schedule 12.

 

You displayed a notice telling the bailiff to leave the property

Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may take control of the debtor's goods where the debtor lives. Section 63 of the Tribunals, Courts and Enforcement Act 2007 says a person may act as an enforcement agent (bailiff) with a valid certificate. Paragraph 66(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says a bailiff acting in breach of the Schedule 12 enforcement provisions is not a trespasser. If the bailiff does not have a valid enforcement certificate, then the debtor may sue the bailiff for trespass.

 

The bailiff jammed his boot into your door to stop you from closing it

Paragraph 18(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may use reasonable force to recover a sum adjudged to be paid by a conviction. Paragraph 24(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may not use force against people. A bailiff applying force to a door with someone else holding it closed amounts to force against that person. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may sue the bailiff for the breach. Section 20 of the Offences against the Person Act 1861 says a person unlawfully inflicting a wound to another shall be guilty of a misdemeanour.

 

The bailiff filmed you using his body-worn video camera

Rule 6 of the Practice Direction - Pre-action Conduct and Protocols says the debtor may request copies of the recordings to understand each other's position before starting proceedings. Bailiffs companies believe debtors must request the recordings under Section 45 of the Data Protection Act 2018. This is a ploy to frustrate debtors getting the bailiff's body-worn camera recordings when they know the recordings incriminate the bailiff or destroy their defence. The respondent bailiff company has 14 days to give disclosure a copy of the bailiff's body-worn camera recordings.

 

The bailiff turned up with a TV crew

Section 47 of the Data Protection Act 2018 says you can tell the data controller at the TV production company to erase the video recordings taken of you. If they show you in an entertainment TV show without your permission, you can sue for the breach. In 2019, Channel 5 paid three claimants £210,000 as a "sum to be decided by the court" plus their legal costs for broadcasting unwilling participants in the TV show Can't Pay? We'll Take It Away!

 

The bailiff said he could "arrest you"

The enforcement provisions in Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and their underlying regulations do not provide for bailiffs to arrest suspects, detain them or transport prisoners.

 

The bailiff looked like the Police

Section 90 of the Police Act 1996 says a person who impersonates a police officer or has in his possession an item of police-like equipment including a distinctive badge with intent to mislead that he is a member of a police force, commits an offence. If your RING doorbell sees a bailiff impersonating the police, you may hand the video recordings to the police.

 

The bailiff left a document saying you are "intentionally avoiding him"

The bailiff cannot find where the debtor named on the warrant of control lives. Bailiffs leave red letter documents at a list of addresses linked to the debtor. When the debtor telephones the number on the document, the bailiff has traced his missing debtor. Paragraph 12 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 says: Creditors must not issue a warrant knowing that the debtor is not at the address, to trace the debtor at no cost. The bailiff's Warrant of Control will probably show the wrong address for the debtor making it a "defective instrument". Paragraph 66(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may sue for enforcement carried out under a defective instrument.

 

The bailiff damaged your reputation by telling neighbours you have an unpaid court fine

Section 1 of the Defamation Act 2013 says a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. Section 2 of the Data Protection Act 2018 says the registrant must process personal data lawfully and fairly with the data subject's consent. Under Section 68 of the Data Protection Act 2018, it says the data controller must report the breach to the data subject describing the breach. Section 149 of the Data Protection Act 2018 says the Information Commissioner's Office may issue an enforcement notice for the breach. The Commissioner's website says a data subject may claim damages for the breach.

 

The bailiff said he called the Police

Call the police on the 101 non-emergency line giving the time and date the bailiff said he called them. You can get the call details from the police CAD (Computer Aided Dispatch). That tells you whether the bailiff called the police and what the bailiff said to them. Paragraph of Schedule 2 of the Data Protection Act 2018 says information relating to a crime is exempt from the Data Protection Act.

 

The bailiff or police officer snatched your car keys or knocked your phone out of your hand

Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the bailiff may not take control of the debtor's goods in certain circumstances. Regulation 10 of the Taking Control of Goods Regulations 2013 says bailiffs may not take control of the debtor's goods if it is likely to cause a breach of the peace. Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may not use force against people. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue for a breach of the Schedule 12 Enforcement provisions. The bailiff may have committed an offence of common assault under section 20 of the Offences Against the Person Act 1861.

 

The bailiff committed a crime against you in the presence of a police officer

Section 26(6) of the Criminal Justice and Courts Act 2015 says a police officer is guilty of an offence if he fails to exercise the privilege of a constable to achieve a benefit or a detriment to another.

 

A police officer arrested you or threatened to arrest you

Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007 says a person is guilty of an offence of obstructing a bailiff "lawfully acting". If you can show the bailiff acted in breach of the Schedule 12 enforcement provisions, then you are not guilty of the offence. If the court clears you of the allegation, you can sue the police for false arrest and unlawful imprisonment. Section 26(1) of the Criminal Justice and Courts Act 2015 says a police officer is guilty of an offence by exercising the powers of a constable improperly when he ought to know the exercise is improper.

 

The police have charged you with interfering with controlled goods or obstructing a bailiff

Paragraph 68(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says a person is guilty of an offence if he intentionally obstructs a person "lawfully acting" as an enforcement agent. If the bailiff breached any of the Schedule 12 enforcement provisions or underlying regulations, then the bailiff is no longer "lawfully acting" and you are not guilty of the offence. Paragraph 68(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 interferes with controlled goods. To take control of goods, the bailiff must exercise one of the four prescribed methods in Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Otherwise, the goods are not "controlled goods". Otherwise, you are not guilty of the offence.

 

A bailiff assaulted or injured you

Call 999 for an ambulance or go to Accident and Emergency. Medical staff will record the time of the offence on your medical notes which you can use in your evidence. Time is very critical if you are bringing a personal injury claim. Write everything down, do not rely on memory, otherwise your testimony will be inadmissible in court. Section 20 of the Offences Against the Person Act 1861 says whenever shall unlawfully wound or inflict harm on another person shall be guilty of a misdemeanour. Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says a power to use force does not include a power to use force against people.

 

The bailiff damaged your property or vehicle after removing them

Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must take reasonable care of controlled goods they remove. Regulation 34 of the Taking Control of Goods Regulations 2013 says, after the bailiff removes goods he must keep them in a similar condition to that in which he found them immediately before taking control of them. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may recover damages for breach of Paragraph 25. To make a claim, the debtor or owner of the goods must give notice of the damage caused to the goods to the enforcement agent immediately after seeing the damage. Otherwise, the court may not attribute the damage to the bailiff. Ask to see the bailiff's body-worn camera recordings, which will show the condition of the vehicle before he removes it. If the bailiff refuses to give the body-worn camera recordings, then the court may attribute the damage to the bailiff because his body-worn camera recordings would have stood in his defence.

 

You want to make a formal complaint about the bailiff

Regulation 9 of the Certification of Enforcement Agents Regulations 2014 says any person may make a complaint to question whether the bailiff is a fit and proper person to hold a valid enforcement certificate. Part 84.20 says the complainant must file the complaint on a form EAC2 at the court that issued the bailiff with his enforcement certificate. The bailiff must attend the hearing to answer the complaint and he may also respond in writing. You, the complainant, are not required to attend court unless you want to. You may cross-examine the bailiff on the stand before the judge to question his fitness to hold a valid certificate.

 

You want to prosecute the bailiff

Section 1 of the Magistrates' Courts Act 1980 says on information laid before a justice of the peace that a person suspected of committing an offence may issue a warrant to a constable to bring the suspect before the court to answer the information and enter a plea. You will need to have a solicitor present the information which must show compelling evidence to secure a conviction and show that the prosecution is in the public interest. Otherwise, the Director of Public Prosecutions can block the information from being laid before the court.

 

You would like to speak to the media about your experience

You may approach the media with your bailiff's story only when all litigation surrounding it has concluded. Your case must be sensational and be in the public interest. Journalists like sensational stories, especially involving corrupt bailiffs and officials as these are stories that are in the public interest. Make a catchy headline and keep your story brief, in chronological order and support it with evidence (exhibits), then approach a journalist with your story. Let the journalist puff up your story. They are master wordsmiths and can turn your story into a sensation.

 

 

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