Magistrates' Court Fine - The Court Did Not Give You A Collection Order

Criminal Procedure Rule 30.2 states the court must not instruct bailiffs to recover an unpaid court fine until it has served a Collection Order telling the debtor about his obligation to pay. You can ask the fines officer at the sentencing court to stop the enforcement, which also cancels the bailiffs fees.

If the bailiff turns up to recover an unpaid court fine without the court giving you a collection order or a Notice of Enforcement, then the court is acting in breach of CPR 30.2. You can ask the fines officer at the sentencing court to withdraw the Warrant of Control and stop the enforcement.

If the Warrant of Control lists your previous address, which is no longer valid, this is evidence that you did not receive the collection order and the Notice of Enforcement. Section 7 of the Interpretation Act 1978 states that a document given by post is deemed served unless evidence to the contrary is shown, and the Warrant of Control with your old address serves as that evidence.

The bailiff may have taken the law into his own hands and traced you. He attended in ambush, hoping you were unaware of the fine and the enforcement so he could recover fees from you.

Paragraph 12 of the Taking Control of Goods National Standards published on 6 April 2014 by the Ministry of Justice says the court (the creditor) must not issue warrants, knowing the debtor is not at the address, as a means of tracing the debtor.

Under Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014, the bailiff may not recover any fees and charges from you.

If the bailiff has taken money from you, then under Civil Procedure Rule 84.16, you may apply to the court to recover that money together with your legal espenses, in what is called a detailed assessment hearing