Paying A PCN Direct To The Council After Bailiffs

When you settle the Amount Outstanding for a Warrant of Control related to an unpaid Traffic Contravention Debt directly with the council, the enforcement power granted by that Warrant ceases immediately. Consequently, bailiffs are no longer entitled to recover any fees.

It is worth noting that the council or authority that issued the Penalty Charge Notice (PCN) may attempt to prevent direct payment to safeguard the interests of the bailiff company engaged for enforcement purposes.

If you manage to pay the Amount Outstanding to the council or authority directly, the Warrant of Control ceases to be exercisable.

According to Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the enforcement power ceases to be exercisable when the Amount Outstanding has been paid.

This principle was reinforced in 2014 by the Ministry of Justice, which published Paragraph 31 of the Taking Control of Goods National Standards. This guideline explicitly states:

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines the "Amount Outstanding" as comprising two parts: the debt specified under the Warrant of Control and the associated enforcement costs.

Section 62(1) of the Tribunals Courts and Enforcement Act 2007 describes "Enforcement" as the process of taking control of and selling goods to recover a debt.

Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 specifies that bailiffs can only claim costs that they have "reasonably and actually" incurred. Thus, if the bailiff has not taken control of your goods (vehicle), the bailiff has not paid any costs - or disbursements.

Fees that bailiffs seek to recover are distinct from enforcement costs.

"Fees" and prescribed in the Schedule to the Taking Control of Goods (Fees) Regulations 2014.

Regulation 3 of these regulations permits bailiffs to recover fees only when they have followed the Schedule 12 enforcement procedures.

According to Paragraph 13(1) of Schedule 12, bailiffs must use one of four prescribed methods—clamping, removing, or entering into a Controlled Goods Agreement—to take control of goods.

If the bailiff has not used any of these methods and you have paid the Amount Outstanding to the council or authority, the bailiff may not recover any enforement costs from you.

It is important to note that Paragraph 59 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states the bailiff is not liable for damages if he takes enforcement steps after the Amount Outstanding has been paid to the council or authority unless the bailiff was given notice that the Amount Outstanding had been paid.