Paying A Court Fine Directly To Court After a Warrant Is Issued.

When you pay the "amount outstanding" online to HM Court Service to discharge a court fine, the enforcement action ceases immediately. The Court Service will then consider the case closed. However, a bailiff may still approach you to recover their fees.

You may receive a letter from court staff at the magistrate's court, often referred to as the Hereford Template. This letter proposes that the payment made to the court should be redirected to a third-party limited company.

The company would then allocate the fees, return any remaining balance to the court, and keep the enforcement power under the Warrant of Control active, leaving an outstanding balance.

It is essential to understand that Paragraph 31 of the Taking Control of Goods National Standards, published by the Ministry of Justice, makes it clear that bailiffs cannot take control of goods to recover their fees once the enforcement power has ceased to be excersisable.

According to Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the "amount outstanding" is defined as the remaining debt plus any recoverable costs associated with the sale of the debtor's goods.

Paragraph 62 further clarifies that these costs pertain to enforcement-related services.

The 2007 Act also specifies that enforcement involves taking control of goods and selling them to recover money. Paragraph 13(1) outlines the steps a bailiff must follow to take control of the debtor's goods.

It is important to note that the "costs" mentioned are distinct from the "fees" prescribed in the Schedule of the Taking Control of Goods (Fees) Regulations 2014.

Paragraph 6(3) of Schedule 12 of the 2007 Act states that once the debt is paid, the enforcement power is no longer exercisable. Additionally, Paragraph 59(2) specifies that a bailiff is not liable unless they have been formally notified that the debtor has paid the amount outstanding.

Therefore, after settling the outstanding amount to discharge the fine, it is your responsibility to notify the bailiff using a 'Paragraph 59 Notice'. If you do not give the bailiff this notice, the bailiff is not liable for any damages if he continue enforcement action.

If a bailiff takes enforcement action against you after the enforcement power has ceased, you may have grounds to claim the Ministry of Justice by applying for a fee assessment under Civil Procedure Rule 84.16 and apply for the return of any money taken, along with your legal expenses.