You got bailiffs out of the blue about a court fine.
Send a Statutory Declaration to the court and that revokes the conviction, the fine and nixes the bailiff. [1]
HMCTS Historic Debt Team may have traced you.
The statutory declaration must be notarised by a solicitor or a commissioner of oaths, their fee is about £5 and take some photo ID with you.
Make a copy of the notarised statutory declaration and send the original by Royal Mail RECORDED DELIVERY [2] to any magistrates’ court.
Make a statutory declaration.
Send it by Royal Mail RECORDED DELIVERY.
WARNING! — WARNING! — WARNING!
DO NOT take the statutory declaration in person to a magistrates court.
Court staff will make you book an appointment to make your statutory declaration.
This is a trick to get you into court, so they can re-convict you a kangaroo proceeding and reinstate the fine and continue the enforcement.
— END OF WARNING! —
No Collection Order received.
If you knew of the proceedings but you had moved or were in prison since you were fined , then the court service has failed to comply with regulations that require a collection order or other notice saying you have an obligation to pay. [3]
If the address on the bailiff's warrant is wrong, then enforcement is invalid because the bailiff may only take control of goods at the address on the warrant. [4]
The bailiff must return the instruction back to court and the fines officer must withdraw the warrant [5] until a collection order is served on the defendant before the court may exercise its enforcement powers. [6]
Make a formal complaint for breach of regulations.
No Notice of Enforcement Given.
The bailiff may take control of goods where the debtor usually lives or carries on a trade or business [7] only if the debtor has been given a Notice of Enforcement [8] at least seven clear days prior excluding Sundays and public holidays. [9]
Example Notice of Enforcement.
If money or goods have been taken without being given a Notice of Enforcement and the warrant of control has your previous address or you were in prison, you can do a fee recovery [10] because the bailiff may only recover fees or charges if he uses the Schedule 12 enforcement provisions [11] and you can bring a claim for damages for breach of the enforcement provisions. [12] [13]
A person execut ing a warrant and makes an improper charge commits an offence and is liable on summary conviction to a fine not exceeding level 1 on the standard scale. [14]
[1] Section 14 of the Magistrates Courts Act 1980
[2] Section 14(2) of the Magistrates Courts Act 1980
[3] Rule 30.2 of the Criminal Procedure Rules
[4] Paragraph 9(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012
[6] Rule 30.2 of the Criminal Procedure Rules
[7] Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Paragraph 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Regulation 6 of the Taking Control of Goods Regulations 2013
[10] Civil Procedure Rule 84.16
[11] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014
[12] Paragraph 66(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[13] Section 78(3) of the Magistrates Courts Act 1980
[14] Section 78(5) of the Magistrates Courts Act 1980