Paying a PCN direct to the council

Pay the "amount outstanding" online to their council, the enforcement power ends

The bailiff cannot take control of goods to recover fees. That does not mean you are not liable for them, the bailiff must apply for a separate enforcement power if he wants to recover them by taking control of goods.

The amount outstanding is the sum on the warrant of control.

There is one catch. If the bailiff has taken control of your goods, the amount outstanding then includes costs paid by the bailiff for taking your goods - "costs"

You can only recover fees taken, if the enforcement power had ended when the bailiff forced you to give the money under the pain of taking control of your goods.

It is the practice of many councils to prevent you paying online, or when you have, they either send a letter saying the money has been given to the bailiff company, or return your payment. This is merely effort to protect the commercial interests of the bailiff company, but it does not revive the enforcement power after it has ceased to be Exercisable.

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.

"Proceeds" is defined in paragraph 50(2) of Schedule 12 of the 2007 Act, which states:

(2)Proceeds are any of these—

(a)proceeds of sale or disposal of controlled goods;

(b)money taken in exercise of the power, if paragraph 37(1) does not apply to it.

Paragraph 37(1) of Schedule 12 of the 2007 Act states:

(1)An enforcement agent must sell or dispose of controlled goods for the best price that can reasonably be obtained in accordance with this Schedule.

"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).

"Costs" is defined in Paragraph 62 of Schedule 12 of the 2007 Act, and states:

(1) Regulations may make provision for the recovery by any person from the debtor of amounts in respect of costs of enforcement-related services.

(2) The regulations may provide for recovery to be out of proceeds or otherwise.

(3) The amount recoverable under the regulations in any case is to be determined by or under the regulations.

(4) The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.

(5) "Enforcement-related services" means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.

"enforcement" is defined in Paragraph 62(1) of the 2007 Act, and says:

(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

Paragraph 6(3)(a) of Schedule 12 of the 2007 Act mentions "proceeds of sale".

To obtain proceeds of sale, the enforcement agent must take control of goods to be sold to raise those proceeds.

Before he can sell the debtors goods, he must comply with one of the four methods for taking control of them provided in paragraph 13(1) of Schedule 12 of the 2007 Act, which states::

(1)To take control of goods an enforcement agent must do one of the following—

(a)secure the goods on the premises on which he finds them;

(b)if he finds them on a highway, secure them on a highway, where he finds them or within a reasonable distance;

(c)remove them and secure them elsewhere;

(d)enter into a controlled goods agreement with the debtor.

Nothing says "fees" form part of the "amount outstanding" unless the bailiff has taken control of goods, and only then, they are recoverable from "proceeds" of enforcement

HM Government confirmed this fact in its publication in 2014 called the Taking Control of Goods: National Standards which has been published online.

Official Guidelines:

Paragraph 31 of the 2014 guidelines state:

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

You must give the bailiff a notice telling them the amount outstanding has been paid to the council.

Otherwise the bailiff is not liable if he takes an enforcement step..

The Law:

Paragraph 59(2) of Schedule 12 of the 2007 Act states:

(2) The enforcement agent is not liable unless he had notice, when the step was taken, that the amount outstanding had been paid in full.

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

The council might send you a letter, saying a "warrant is still live" and the money has been given to the bailiffs, or they return your money.

This is an effort to protect the financial interests of the commercial bailiff company. It does not revive the enforcement power.

The Law:

If a bailiff takes an enforcement step, then you can bring an action for breach of Paragraph 6(3) of the 2007 Act under Paragraph 66, which states:

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective.

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).