You paid the PCN. The bailiff is pestering you for his fees

When the PCN amount on the warrant of control liability order has been paid to the council without a bailiff taking control of your goods, the enforcement power ends, and the bailiff cannot recover his fee by threatening to take control of goods

If a bailiff wants to recover his fee after the "amount outstanding" has been paid to the council, the power for a bailiff to recover his fees must be applied for separately, just like any other tradesman looking to solve a fee dispute

The law defined the "Amount Outstanding" to made up of two components, which are:

The sum outstanding on the warrant of control

The costs or disbursements paid by the bailiff for taking and selling your goods - Enforcement

The term "Enforcement" also has a legal definition, which states it is taking control of goods and selling them to recover a sum of money.

The law does not define the amount outstanding to include any fees. It only allows for costs

Without an enforcement power, it means the bailiff is not acting with lawful authority to demand money, so he is harassing or pestering without lawful excuse.

The person being harassed, may apply for an injunction for breach of paragraph 6 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, restraining the council and the bailiff from harassing or pestering them without lawful authority.


The Law:

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

c)the power ceases to be exercisable for any other reason.

"amount outstanding" is defined in paragraph 50(3) of Schedule 12 of the 2007 Act, which states:

(3)The amount outstanding is the sum of these—

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

Email and text message to give notice to the bailiff company and the bailiff the council has been paid.

Take a screenshot of the sent email and text message to the bailiff recording the time they were sent, and exhibit them as evidence if you need to make a claim.