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Phillips trying to charge me £85 fees under Section 76 of the Magistrates’ Courts Act 1980, for default in paying a sum adjudged to be paid by a conviction or order of a Magistrates’ Court.

The fine was being paid but the fines office admin failed to log an agreed restart. I emailed a complaint but fines office do not acknowledge me/no reply at all.

 

Have now paid fine in full, just £85 "fee" remains. Is it true they can charge this as alternative website suggests not and that a N1 can be submitted. All they did was send a letter. and no, I did not get the further steps notice either.

 

I requested copy of distress warrant but Phillips cannot provide this, just gave me a ref number and told me I could contact fines office or view it at court. Surely they should be in possession of it to request any fees?

 

Who can I complaint to further re fines office as their ignorance is beyond belief?

 

Any advise welcome please before I am mugged for this £85.

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This particular subject has been discussed on the forum MANY MANY times. HMCS have agreed in their contracts with the 4 enforcement companies that they can charge an admin fee of £85 followed by a "visit" fee of £210.

 

There is no actual legislation for this and with each case it has to be that a Formal Complaint is made to the relevant Court Manager at the Magistrates Court.

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"HMCS have agreed in their contracts with the 4 enforcement companies". It would be interesting to know the exact wording used in those contracts.

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"HMCS have agreed in their contracts with the 4 enforcement companies". It would be interesting to know the exact wording used in those contracts.

 

FOI request??

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If you pay the fine, but not the bailiff fees, does the bailiff then have to start a new claim for their fees as their fees were never part of the judgement?

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I've paid it to avoid it escalating as don't need the added stress.

I would however like to pursue a complaint as I think £85 is outrageous, plus it was magistrates court admin error that caused bailiff intervention as they failed to log my contact with them. They had agreed to reinstate instalments which I was making.

 

Is there a form to use or just a letter of complaint?

 

Who should I address it to at the magistrates court?

 

Thanks

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Their reply to my query re fees.

 

"Magistrates Court Fines issued to Philips as Warrants of Distress. Such Warrants are issued under Section 76 of the Magistrates’ Courts Act 1980, for default in paying a sum adjudged to be paid by a conviction or order of a Magistrates’ Court. Under the Distress Warrant, Philips may recover the Fine as issued by the relevant Magistrates’ Court together with Philips’ costs associated with executing the Warrant.

In respect of the fees added, the fees we may charge are not set in statute; the fees have been agreed between Philips and Her Majesty’s Court and Tribunal Service. The Administration Fee is capped at £85.00 and the Attendance Fee is capped at £215.00 should a Bailiff

attend the property. Under the above mentioned Warrant of Distress, we may legally recover costs incurred in carrying out the Warrant. As such our fee s are entirely legitimate".

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"HMCS have agreed in their contracts with the 4 enforcement companies". It would be interesting to know the exact wording used in those contracts.

 

Magistrates Court Fines issued to Philips as Warrants of Distress. Such Warrants are issued under Section 76 of the Magistrates’ Courts Act 1980, for default in paying a sum adjudged to be paid by a conviction or order of a Magistrates’ Court. Under the Distress Warrant, Philips may recover the Fine as issued by the relevant Magistrates’ Court together with Philips’ costs associated with executing the Warrant.

In respect of the fees added, the fees we may charge are not set in statute; the fees have been agreed between Philips and Her Majesty’s Court and Tribunal Service. The Administration Fee is capped at £85.00 and the Attendance Fee is capped at £215.00 should a Bailiff

attend the property. Under the above mentioned Warrant of Distress, we may legally recover costs incurred in carrying out the Warrant. As such our fee s are entirely legitimate.

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In my earlier post I have suggested writing to the court. I would suggest marking it for the attention of the Clerk to the Court.

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