Stop enforcement by signing on, claiming a benefit, or starting employment
Then ask the fines officer in writing for your fine to be paid by an attachment of earnings or Deduction from benefits. The fines officer is not obligated to make the order, however, if you withdraw your consent, the fines officer becomes legally obligated to make the order.
The Law:
Paragraph 9 of Schedule 5 of the Courts Act 2003 (The 2003 Act) states:
Attachment of earnings order or application for benefit Deductions with P’s consent
(1)This paragraph applies if—
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
(2)The
court may make—
(a)an attachment of earnings order, or
(b)an application for benefit Deductions,
if P consents.
If the fines officer decides not to make an order, then you withdraw consent in writing, give a completed form MC100 and provide your employers name and address or the type of benefit you are receiving. This now places the fines officer under a legal obligation to make the order.
The Law:
Paragraph 8 of Schedule 5 of he 2003 Act states:
Attachment of earnings order or application for benefit Deductions
without P’s consent
(1)This paragraph applies if—
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.
(2)The
court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The
court must make an application for benefit Deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply,
the court must make either an attachment of earnings order or an application for benefit Deductions.
The Law:
The operation of paragraph 26 of Schedule 5 of he 2003 Act also cones into effect, and states:
Attachment of earnings order or application for benefit Deductions to be made
The
fines officer must make an attachment of earnings order if it appears to him—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order..
(2)The
fines officer must make an application for benefit Deductions if it appears to him—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(3)If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply,
he must make either an
attachment of earnings order or an application for
benefit Deductions.
Template email to have the fines officer make an attachment of earnings or a Deduction from benefits. Include a completed form MC100
If the fines officer fails to comply with the law, or is intransigent, then approach the Parliamentary Ombudsman via your MP.
