I notice that despite some murmuring in the ranks, the advice is still being given to pay magistrates court fines direct to the court, this apparently “kills the warrant” and the fees are no longer due.
This advice has given for some time and despite it always being proven incorrect and in some cases disastrously so, they seem to be sticking with it.
Paying the court does not kill anything of course, as the court simply transfers the payment to the EA and they subtract there fees from it, leaving the warrant active and still unpaid.
Here are some of the many odd ideas proffered to support the mistaken premise.
62 Enforcement by taking control of goods
Application of these Regulations
3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
Yet More here
This is incorrect, this provisions purpose is to amend legislation that is affected by the introduction of the TCEA. As its title suggests it amends acts which are effected as a “consequence” of the TCE, it creates nothing let alone fee schedules. The reason that magistrates courts fees are not mentioned in this provision is because previously they were not legislated for, so there is nothing to amend, simple as that.
Bizarrely they are using section 58 of Schedule 12 TCE to support this idea, this is despite this section stating quite clearly that it only applies when there are goods seized and the full amount (including fees) are paid.(see below)
58(1)This paragraph applies where the debtor pays the amount outstanding in full—
(a)after the enforcement agent has taken control of goods, and
(b)before they are sold or abandoned.
Equally they are using CPR 52.8 , this rule was revoked in April 2014.
Here is some recent advice.
You can then decide whether to appeal the fine, or pay it- without the bailiffs fees. You can pay fines online here and the law says when the ‘sum adjudged’ has been paid, the warrant of control ceases to have to have effect Paragraph 58 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. It means the bailiff is no longer able to take control of goods, and without a warrant of control, the bailiff is unable to apply power of entry. If you get a bailiff or Court staff saying a “warrant is still active” or there are “fees” to pay then deploy this with your MP and if needed, deploy this on the doorstep.
I must add that although I have quoted Andy in the above, the ideas put forward are mostly copied from templates provided by Jason, who is the author of 99% of these mistaken ideas.