Apply For More Time To Pay A Court Fine

Under Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, you may request that the fines officer stop enforcement following issuing the Warrant of Control. Then, under Paragraph 24 of Schedule 5 of the Courts Act 2003, apply to the court to pay the fine in instalments. Complete and file a form MC100 at the sentencing court.

According to Paragraph 40 of the Sentencing Guidelines published by the Sentencing Council, published by the Ministry of Justice, the court will permit payments over a set period. It is important to be aware that staff at HM Court Service might resist your application, advising you to "contact the bailiffs" or referencing "Hereford and Worcester Ex-Parte McRae" (known as the "Hereford Template"). This resistance is an attempt to ensure you pay bailiff fees, thus protecting the commercial interests of the bailiff company, while the latter is a misinterpretation of a now-repealed judgment.

Until your application is approved, the enforcement power remains active, so it is essential to protect your goods from bailiffs.

If court staff are uncooperative, file a Stage 1 Formal Complaint, referencing the legislation mentioned above and insisting on compliance with Paragraph 24. Keep in mind that the fines officer has discretion, so it is important to demonstrate that continuing enforcement would be detrimental to you.

After sending the email, contact the fines officer at the magistrates' court handling your fine. Explain that you are experiencing severe hardship and request to pay the fine in regular instalments. They will instruct you to submit your request via email.