Magistrates' Court Fine - You were not given a Collection Order

The court must not instruct bailiffs on a debtor to collect unpaid court fines until it has served a Collection Order telling the debtor about his obligation to pay.

When a bailiff turns up without a collection order being served, it is always because the debtor has changed address and the bailiff searched online and found the debtors new address and attended knowing the debtor has not been given a collection order. This conduct is in breach of official guidelines.


Official Guidelines:

The Government published official guidelines called, Taking Control of Goods: National Standards 2014, of which Paragraph 12 states:

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.

The Law:

Criminal Procedure Rule 30.2 states:

Exercise of court’s powers

The court must not exercise its enforcement powers unless—

(a)the court officer has served on the defendant any collection order or other notice of—

(i)the obligation to pay,

(ii)the payment terms, and

(iii)how and where the defendant must pay; and

(b)the defendant has failed to comply with the payment terms.


Telephone the court, when they do the security check and ask you to confirm your address, give your previous address. If they accept that to be your address. it proves evidence to the contrary the debtor has not been given notice, the court is acting in breach of Rule 30.2, and must cease enforcement. The law, section 7 of the Interpretation Act 1978 decides the notice has not been served on you.


Section 7 Interpretation Act 1978 states:

References to service by post

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


Template email and text message to give notice to Court Service that enforcement is in breach of CPR 30.2 and give an opportunity to withdraw the enforcement action.

Remember to attach evidence of your change of address, this is evidence to the contrary you were not given notice. Take a screenshot of the sent email and text message to the bailiff recording the time they were sent, and exhibit them as evidence.