Magistrates Court Fines

Download Factsheet (PDF / 76Kb)
PDF download requires the Adobe Acrobat Reader - get it HERE

1. Changes from April 2004
2. After you have been fined
3. What if I can't afford the repayments?
4. What happens if I am ordered to attend court at any stage?
5. What can the court do?
6. Bailiffs
7. The Parking Penalty scheme

Changes from April 2004

NATIONAL CHANGES FROM APRIL 2004

• The magistrates' court has the power to make an attachment of earnings order to make deductions from your wages when they set the fine or where you fall behind on payment arrangements. They can do this even without your agreement.
• The court can apply to the DWP to make weekly deductions from your benefit of a set amount if you are on income support, income based or contributory job seeker's allowance or pension credit. They can do this when they set the fine or where you fall behind on payment arrangements.
• You can also be fined if you do not give the court details of your income and outgoings when ordered to so.

LOCAL CHANGES

There were seven different fine enforcement pilots from April 2004. From April 2005 there is now one pilot scheme operating in some local areas. If you live in South Yorkshire, Cambridgeshire, Cheshire, Cumbria, Devon & Cornwall or Gloucestershire the magistrates' court may have extra powers on top of the national scheme to:

• Make a "collection order" which allows a fines officer in the court to deal with your case.
• Increase the amount you owe on your fine by 25% or 50% if you do not pay.
• Clamp a vehicle registered in your name.
• Include the fine on a register which will affect your ability to get credit.
• Order you to do unpaid work, (with your agreement), instead of paying the fine.

WARNING: all the extra powers will apply in your area from April 2005. If you live in one of these areas and need further help phone us for advice.

back to top

What happens when I have fine in the Magistrates Court?

The magistrates' court may fine you for committing a driving offence, not paying a fixed penalty notice, not having a television licence or many other criminal offences. Fines are a priority debt because the magistrates' court has the power to send you to prison for non-payment.

The procedure for collecting fines is as follows:

• After you have been fined, notice of the fine and the repayment rate (if one has been set by the court) is sent out to you.
• If payments are missed or not made at all, a reminder may be sent out but the court can pass the fine directly on to private bailiffs (see the section on Bailiffs).
• If you do not bring the payments up to date, a court hearing will be arranged and you are informed of this date (see the section on attending court).
• If you do not attend the hearing, the court can issue a warrant with or without bail. 

This means that you can be arrested and brought before the court. Since April 2001 this is usually done by private bailiffs rather than the police (see the section on attending court).

At any of the above stages, if you pay off any arrears and continue to pay at the correct rate, you may be able to convince the court to take no further action against you. However, if a bailiffs warrant or arrest warrant has been issued, payments will not be accepted by the fines department until the warrant is returned to the court.

Courts have different procedures regarding the enforcement of fines. Some courts will pass the fine on to bailiffs for enforcement, before it even goes through the court procedure. Some courts will pass the fine to bailiffs after the final reminder (see the section on Bailiffs). They are usually used for motoring offences, but some courts use bailiffs for all fines. Each court has different procedures regarding the use of bailiffs. You should check with the Fines & Fees Department in the court if you are unsure.

Warning: From April 2001 the rules have been changed. The magistrates' court will usually instruct private firms of bailiffs to enforce most warrants, including arrest warrants and warrants of committal. These activities used to be carried out by the police. Now you could have a private bailiff calling to try and enforce payment by taking your goods or to arrest you to go to court for a hearing.

Warning: From July 2005 bailiffs have the power to break into your home and other premises to take your goods, even if they have not been into your home before. The new rules say this power should only be used if it is reasonable to do so. It is not likely that the bailiffs will use force to break in but it is possible under the rules. If bailiffs threaten to break into your home phone us for advice.

back to top

What if I cannot afford the repayments ordered?

You may find that you cannot afford to pay the amounts ordered for any reason, such as a drop in income, multiple debts, a relationship breakdown, a new baby or illness.

• Write to the Fines & Fees Department at the court which holds the fine. Tell them about your situation and make an offer of repayment - it is also very helpful to enclose a copy of your personal budget.
• You may have to attend a court hearing. However, if the court is sent a personal budget and given full details of your circumstances in a letter, then some magistrates' courts may accept your offer without a hearing.

back to top

What happens if I am ordered to attend court at any stage?

It is very important that you go to any court hearing. If you do not attend, the court has the power to issue:-

• a Warrant with Bail (private bailiffs will give you another court hearing date)
• a Warrant without Bail (private bailiffs could arrest you and bring you before the court)

or

• a Committal Warrant to commit you to prison (if there is a suspended sentence already on the fine). See the section on What can the court do?
• When you attend the court hearing the court will ask for details of your income, expenditure and any other debts you may have.

Make sure you take your completed personal budget to the hearing.

• The court should take into account your income, expenditure and any other debts when deciding the rate you should pay your fine.
• The court may accept a fixed amount of £5.00 per week from someone who is on income support, pension credit, job seekers allowance, or on a low income.

It is helpful to take some money to offer to the court, even if it is only your weekly/monthly offer of payment. This will show the court you are not refusing to pay.

Be careful: the court does have the power to search you and remove all the money you have with you.

back to top

What can the court do?

At the court hearing the court can do one of the following:

• Allow you further time to pay the fine by regular fixed instalments, either at the same rate as when the fine was originally set or at a reduced rate based on what the court thinks you can afford.
• Remit ("write off") all or part of the fine. If your circumstances have got worse since the fine was set, or if the court did not have full details of your income, expenditure and debts (if any) when the fine was originally set, the court can "write off" or reduce the fine. If an order was made for you to pay compensation or court costs the court can only "write off" these in very exceptional circumstances. Phone us for advice if you need more information about this.

If you are on income support/job seekers allowance or pension credit the court can order that weekly direct deductions at a set rate be made from your benefit to pay the fine. From 18/12/04 the set rate is £5.00 per week.

If you are employed the court can order that deductions are made from your wages to pay the fine.

The court can order you to sit at the back of the court for the rest of the day. This would "write off" the fine.

• Impose a suspended prison sentence or send you to prison straight away. Before they can do either of these, the court must establish:
  • "wilful refusal" which means the court thinks you have deliberately refused to pay;

  or

  • "culpable neglect" which means you have been careless or thoughtless in not paying.

To avoid a prison sentence you must convince the court that you have a genuine reason for not paying. This may be that your circumstances have changed since the fine was set, such as drop in your or your partner's income, a relationship breakdown, a new baby, illness, or other debts you are paying. This is why it is important to take a detailed personal budget to court and not be frightened to tell the court if you have other debts to pay, but you need to treat the fine as a priority debt.

• If the court imposes a suspended prison sentence it is essential you keep up with the repayments as ordered by the court. If you fall behind with payments again another court hearing will be set.

If you do not attend this hearing, the prison sentence will be activated and private bailiffs can be instructed to arrest you and take you into custody. It may be possible to prevent this happening by writing to the court explaining the reason why you didn't go to the hearing and why you have not paid. Another court date may then be set to consider your circumstances.

Following a case in the European Court of Human Rights in 1996 you are entitled to ask for legal help at a court hearing relating to non-payment of a fine. You may be able to get the duty solicitor at the court to speak on your behalf at the hearing. Phone us if you want more advice about this.

If you have a court hearing coming up and would like more information phone us for advice.

back to top

Bailiffs

Most courts now use private firms of bailiffs to collect fines by taking your goods and selling them to pay the fine. This is called a "Warrant of Distraint". If your fine is passed to bailiffs you need to be aware of these points.

DO I HAVE TO LET THE BAILIFF IN?
From July 2005 bailiffs have the power to break into your home and other premises to take your goods even if they have not been into your home before. The new rules say this power should only be used if it is reasonable to do so.  It is not likely that bailiffs will use force to break in but it is possible under the rules. They are more likely to gain entry by peaceful means such as by getting through an open door or window or by you letting them in. It is no longer safe to try to avoid bailiffs coming into your home by refusing to let them in.

If they do get into your property they will usually take "walking possession" of your belongings. This means that the bailiff will make a list of goods that they intend to take and get you to sign the list. Some household items like beds & bedding, clothes, books and/or tools of your trade are exempt and cannot be taken. Goods that belong to other people cannot be taken either. You must then either pay the debt or arrange instalment payments with the bailiffs (if possible). If no payment arrangement is made the bailiffs can return to take your goods and they may then break in if necessary.

If for some reason the bailiffs are unable to gain entry or take goods then the fine will eventually go back to the court to take further action. You will usually have to attend court for a hearing and make an offer to repay the debt. (See the section on attending court).

WARNING - CARS
If you own a car which is parked on the street outside your home this could be at risk. Bailiffs do not have to gain entry to your house in order to take a car parked outside. From November 1999 there is a new rule that says vehicles needed for use in employment or business cannot be taken but you would have to prove that this is the case.

INSTALMENTS
Some bailiff firms are able to accept instalments on the fines outstanding, and some will only accept payment of the total amount owed. Try writing to the bailiffs, enclosing a personal budget and asking them whether they will accept instalment payments. Send a copy of your letter and personal budget to the magistrates' court.

Warning: Any money you pay to the bailiffs may come off their costs first before going towards the fine. However, when a fine is returned to court, the bailiffs costs will not be enforced by the court, so the balance will go down to the amount of the original fine.

BAILIFFS' COSTS
Bailiffs can charge for a number of things including administration costs, handling fees and making visits to your property. There is no national set scale you can look at. Local courts have their own agreements with individual bailiffs firms.

You should complain to the Clerk to the Justices at the magistrates' court if you feel that the costs charged are very high and unreasonable. It is unlikely that these charges will be reduced as they are set locally between the magistrates' court and the bailiffs. However, if the bailiff is unable to gain entry and seize goods, the fine will eventually be returned to the court and the costs removed.

Bailiffs costs cannot be enforced by the magistrates' court and they would effectively be written off when the fine is returned to the court.

back to top

The Parking Penalty Scheme

Parking penalties in London and many other local authority areas are dealt with differently if the local authority runs a "decriminalised parking scheme". It is likely that other areas will follow soon.

The local authority will send you a parking ticket for a fixed amount. The penalty is then registered in The Traffic Enforcement Centre at Northampton county court as a judgment.

There is no way of asking the court to allow you to pay the fine in instalments. You need to try to negotiate with the local authority directly.

The next step is for The Traffic Enforcement Centre to instruct private bailiffs to try to collect the debt. Do not let the bailiffs into your home. They do not have a right to enter your home unless you have let them in before. Be careful to keep your car in a locked garage as bailiffs collecting parking penalties will be particularly keen on taking your car.
They can take a parked car on the road or your drive.

If the bailiffs are unable to take any goods then the local authority can ask the county court to enforce the parking penalty typically by taking money out of your wages (Attachment of Earnings). We have a factsheet on Attachment of Earnings Orders in the county court. Phone us for advice.

What you can do
At any stage you can attempt to negotiate repayments with the local authority responsible for issuing the parking penalty charge. You need to write to them with a copy of your personal budget making an offer of payment. If they refuse your offer put the money aside so that you can pay the penalty back as a lump sum.

We can advise you in more detail about the parking penalty charge scheme. Phone us for advice.

Remember: You can always Phone us for advice about any difficulty you are having in dealing with your debts

0800 074 6918

© Copyright National Debtline 1994 (updated October 2005)