PUBLIC INTEREST WARNING: MR JASON BENNISON IS NOW OFFICIALLY BANKRUPT.
Bailiff Help Forum are Wrong Again | Dealing With Bailiffs Bailiff Help Forum are Wrong Again | Dealing With Bailiffs Bailiff Help Forum are Wrong Again | Dealing With Bailiffs
Navigation
  • Bennison is bankrupt
  • 2017 – Best Ever Year!
    • Failures
    • Nominet
  • Jason Bennison (Zeke)
    • Business interests
    • Dealing with Bailiffs
    • Failures
    • Pretences and fantasies
    • Money Making Schemes
  • Personal abuse
  • Bad advice
    • Costs orders
    • Misunderstood legislation
    • Magistrate court fines
    • Council Tax enforcement
    • Odd Posts strange ideas
  • David Lindley
  • Mark Bowley
    • Mark’s wild rants
  • Pote Snitkin
  • Other subjects

Paying Magistrates Courts direct, really?

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.

“Postby Andy » 22 May 2015 14:52
“There are no bailiffs fees payable when a bailiff recovers an unpaid magistrates court fine. This is because Parliament has never approved any legislation that sets a statutory fee schedule for bailiff companies when they distress on goods, or recover an unpaid magistrates’ court fine”

It is difficult to understand how Andy can say that,”parliament has never approved any legislation that sets a statutory fee scale” when that is exactly what parliament has done in the form of Part 3 schedule 12 of the Tribunals Courts and Enforcement act 2007. The fee scale is set in the accompanying Taking control of goods(fees) regulations.

The fee scale is applied through the following process.

1)  The magistrates court act says that a warrant may be issued to collect sums to paid to the court.

76 Enforcement of sums adjudged to be paid.

(1)Subject to the following provisions of this Part of this Act, and to section 132 below F1, where default is made in paying a sum adjudged to be paid by a conviction or order of a magistrates’ court, the court may issue a warrant of distress for the purpose of levying the sum or issue a warrant committing the defaulter to prison.
2) The TCEA says that any action made upon a warrant for the recovery of sums owed must use schedule 12 procedures

62 Enforcement by taking control of goods

(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).

3)Fees regulations apply to all actions to recover sums using schedule 12 procedures.

Application of these Regulations

3.  These Regulations apply when an enforcement agent uses the Schedule 12 procedure.

Yet More here

“The Schedule of the Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014 creates statutory fee schedules for each debt stream from table 1 of the Schedule in The Taking Control of Goods (Fees) Regulations 2014 . However paragraph 1 of the schedule, magistrates court fines, has not implemented the statutory fee schedule for the recovery of unpaid magistrates’ court fines.”

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.

Postby Andy » 20 May 2015 21:00

Double check your account number, and pay the fine online.It appears to be common procedure for the Court to say you cannot deal with them and that you must deal with the bailiffs. You are not under any legal obligation to deal with the bailiffs. Don’t waste your time speaking to the Court staff, or the bailiff. Pay the fine online, show the bailiff the receipt and the warrant that he has ceases to have effect under Rule 52.8.5 Criminal Procedure Rules 2014.

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.

21st May 2015 / Bad advice, Jason Bennison (Zeke), Magistrate court fines, Misunderstood legislation / Tags: Amy, Andy, arrears, avoid bailiff fees, Bailiff Help Forum, Bailiff Help Forums, compliance check, Council Tax, CPR 52.8, crime, debt, deploy this, Equita, Excel, fake warrant, forced entry, get receipt from court, Hitchard, injunction, Jason, jasonDWB, JBW, Magistrates Court fine, Mark 1960, Marstons, NOROIROA, not mine, paying fine driectly, PCN, police, Pote, problem, repayment arrangement, taking control of goods, third party goods, Torts Act, TV Licence, unpaid Council Tax, warrant, warrant of execution

Share the Post

Leave a Reply

10 Comments on "Paying Magistrates Courts direct, really?"

Manage Subscriptions ∨





mm
Admin
Mushroom Pote
5 years 2 months ago

There is a separate thread regarding the ongoing case where Marstons towed away a car after the debtor paid the fine directly to the court: http://bailiffhelpforumarewrongagain.com/bennisons-advice-to-pay-the-court-direct-fails-again/

0
 |     Reply   -   Share             
Manage Subscriptions ∨



Guest
HMCTS
5 years 2 months ago

This thread is 3 years old but nothing has changed. Today we have a new enquiry from someone who came across Jason’s advice and followed it, paid the court direct: http://www.bailiffhelpforum.co.uk/viewtopic.php?f=6&p=73748&sid=e604900e6d435f11351469e44c7a41af#p73748

The OP says:

>>
Hi,

Really need advice from this forum. I had a court fine £232. Case was passed to bailiffs and had a visit from enforcement officer. I didn’t answer the door, he left the letter with intention to revisit. I contacted the court and explained I am financially struggling. They advised because case is with bailiffs they can’t do anything.

After reading online, I decided to pay the fine online direct to the court to avoid bailiff charges. On 28th March 2018 paid the full outstanding fine and sent copy of receipt to bailiffs and court. I also mentioned to bailiffs that I am not obliged to deal with them and once the fine has been paid they have no legal power to execute any warrant they had.

HMCT court officer replied back saying any money you have paid will be forwarded to the bailiffs. They will deduct their charges and will still chase you for remaining balance.

This morning on 29th March had a visit from Bailiff at around 7am. Didn’t answer the door. he left without any netter but returned at 11 with truck to tow away the car. when challenged he demanded £652. I said I have already paid £232 direct to the court. Hesaif you have to pay £652 and will later get refund of what you have paid to the court. He took the car away.

Can anyone please advise how to deal with this now? I followed the instructions from the posts on this forum mentioning that once the original debt is paid bailiffs have no legal power to remove goods. Please help.

Note how, by following the advice found on BHF, he ended up having the car clamped and a small fine of £232 nearly trebled to £652.

0
 |     Reply   -   Share             Hide Replies ∧
Manage Subscriptions ∨



Guest
Royal Oak
5 years 9 months ago

I notice that this page was originally drafted in May 2015 and some section may no longer be relevant. I will write more later.

0
 |     Reply   -   Share             
Manage Subscriptions ∨



mm
Admin
Mushroom Pote
5 years 9 months ago

Yet again, we have the issue of paying the fines directly to avoid fees:
OP says: “Had a letter received today saying that although I’ve paid the fine,I still have to pay the bailiff fees and all communication must be with Collective! Do I just disregard this?”

by Schedule 12 » 19 Aug 2017 16:13

Once the fine has been paid, the enforcement power ceases.

The bailiff company is a commercial entity and wants its fee.

If an enforcement step is taken then you can sue for damages and claim it all back.

How many times have we heard this story before? Could there be any connection between the above and this page? http://www.dealingwithbailiffs.co.uk/CourtActionProcedure.html

Where it says: “I offer a low cost claims drafting service.”

0
 |     Reply   -   Share             
Manage Subscriptions ∨



Guest
Guten Tag
5 years 11 months ago

Will you look at all those tags! Somebody’s been a busy bee!

0
 |     Reply   -   Share             
Manage Subscriptions ∨



 
  • Next Post
  • Previous Post

PUBLIC INTEREST WARNING

Mr Bennison was made bankrupt as a result of the £26,000 costs order that Nominet obtained against him in September 2017. His bankruptcy hearing took place on October 2nd 2018 at Kingston County Court and Jason Bennison has lost yet another case, where costs will be awarded to the Defendant. This may result in Bennison's second bankruptcy is he is unable to pay.

If you have any comments or issues regarding this site, please Contact us

Recent Comments

  • Schedule One on Nominet and Bennison’s Bankruptcy: it was all for nothing!
  • Schedule One on Nominet and Bennison’s Bankruptcy: it was all for nothing!
  • Schedule One on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Pb on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Schedule One on Jason Bennison Liar, Con Man, Cheat and registered Bankrupt
  • Peter.Bardsley (Ba 78 lanks) on Jason Bennison Liar, Con Man, Cheat and registered Bankrupt
  • Beagle on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Quatlose on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • I Dunno on Bennison v Bardsley
  • peter Frank Bardsley on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Peter on Jason Bennison Liar, Con Man, Cheat and registered Bankrupt
  • Santa on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Sigmond on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Walt on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Walt on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Halloween on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Mity on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Mity on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Mity on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Bennison the debtor on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • PB on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • PB on CHARGING V.A.T on HCEO Enforcement Fees is Completely Legal
  • Dick on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • PB on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • striker on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Bennison serial Debtor on Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Nonono on Bennison’s Blog – the Fishy Site
  • Friend on Bennison’s Blog – the Fishy Site
  • Schedule One on CHARGING V.A.T on HCEO Enforcement Fees is Completely Legal
  • Schedule One on Bennison v Bardsley

Recent Posts

  • Council Tax Bailiffs, Fines from Magistrate Court Bailiffs, High Court Bailiffs.
  • Odd and Interesting Stories That Caught my Eye
  • Bennison’s Bailiff Help Forum Archives
  • Bennison’s Blog – the Fishy Site
  • Bennison v Bardsley
  • Jason Bennison.com : Mr Bennisons new assault on the legal services market.
  • Mark Bowley Rants. Random insults and assorted verbage of an internet troll.
  • CHARGING V.A.T on HCEO Enforcement Fees is Completely Legal
  • Jason Bennison(Zeke)Liar Slanderer, Cheat, Fantasist, Unqualified,Uninsured, Chancer, Discharged Bancrupt.
  • Jason Bennison picks on small cake shop, Why?

The Best of 2017

  • Jason Bennison Liar, Con Man, Cheat and registered Bankrupt
  • The Best of 2017
  • Bennison’s Nemesis: Nominet
  • 2017 – Best Ever Year for Bennison & BHF!
  • Rantaholic Bowley ends the year in a high note
  • New Year, new abode for Bennison

Categories

Sign Up Newsletter

Make sure you don’t miss interesting happenings
by joining our newsletter program.