Apply for more time to pay a court fine

You can apply to reduce your fine and allow you to pay it in installments.

This template email is to ask Court Service for more time to pay a fine. Attach a completed Form MC100.

After sending it by email, Contact the fines officer at the magistrates court administrating your fine, say you are experiencing severe hardship and ask to pay the fine in regular instalments. They will ask you to make your request by email.

The Law:

Section 165 of the Criminal Justice Act 2003 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.

The Law:

Paragraph 24 of Schedule 5 of the Courts Act 2003 states:

Nature of power to vary terms of collection order

(1)A power to vary the payment terms of a collection order includes power to—

(a)substitute terms requiring P to pay by specified instalments on or before specified dates for a term requiring P to pay within a specified period, or

(b)substitute a term requiring P to pay within a specified period for terms requiring P to pay the sum due by specified instalments on or before specified dates.

(2)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid within a specified period is a power to vary the date on or before which the sum due is to be paid.

(3)Subject to sub-paragraph (1), a power to vary the payment terms of a collection order under which the sum due is required to be paid by specified instalments on or before specified dates is a power to vary—

(a)the number of instalments payable;

(b)the amount of any instalment;

(c)the date on or before which any instalment is required to be paid.

(4)This paragraph applies in relation to the variation of the reserve terms as it applies in relation to the payment terms.

Official Guidelines:

The Sentencing Council published guidelines, as paragraph 40 of those guidelines, it 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)."

You may be fobbed of with "contact the bailiffs". The bailiff company will "send an officer round" to discuss setting up a payment plan. It is a trick to swindle you of £235 because the enforcement stage fee applies when the bailiff attends.

Negotiating with a bailiff is futile. They will be confrontational, rude and uncooperative. They are a commercial business making a profit from your misfortune.

Until your application is granted, the enforcement power is still live and you should take steps to protect your goods.

If court staff are intransigent, then approach the Parliamentary Ombudsman via your Member of Parliament.