Hi – hoping somewhere here able to assist. We were sent a notice of enforcement last month by a baliff firm relating to a PCN – we hadn’t received anything related to it previously as correspondence had gone to our old address. We accept the PCN was valid, however baliff was charging us both the compliance stage fee and the enforcement stage fee. Having contacted them it turns out they were charging the enforcement fee based on a visit they made to our old address, 5 days before they sent a notice of enforcement to our current address and 7 days before we got it.
We ended up paying the full fee as we had very little time before action was potentially taken and couldn’t afford to be without transport, however on reading the regs (regulations 6 and 8 of taking control of goods act 2013) I feel the enforcement fee was charged wrongly as it was added before a notice of enforcement was served on us at our correct address (I also believe that the warrant is likely to relate to our old address as well). We therefore had no chance to pay at compliance stage. We complained to the council who haven’t addressed this question properly and just gave a fairly standard reply suggesting we file PE2 and PE3, which seems odd given we’ve now paid the debt. Is my reading of the regs correct? If so I will make formal complaint to CEO of council in advance of small claims.
thanks in advance for reading and for any help you can offer.
Recovery of enforcement fee
Re: Recovery of enforcement fee
Your reading of the regs is correct, you can apply for a refund of the compliance and enforcement stage fees because the warrant is at your old address and the bailiff took an enforcement step at your current address.
The procedure is called a detailed assessment under CPR 84.16 which you complete a form N244 - Here: https://www.nationalbailiffadvice.uk/Template-n244.html
and make a witness statement setting out why the enforcement stage fees do not apply and support it with exhibits of your current and previous address.
It's best to do this with a solicitor because the paperwork is complex when done by hand with an old fashioned calculator.
It needs specialist computer-generated document software to explain out the detailed assessment arithmetic, the N244, evidence and legal argument as well as the peripheral documents such as the solicitor's Notice of Acting.
They key in the dates, values and upload the evidence to a computer program and press the magic button. It spits out all the court documents and creates the bundle. They assign a D-grade solicitor to represent you.
The council pays your solicitors costs anyway, and they can recover it from the bailiff company.
The procedure is called a detailed assessment under CPR 84.16 which you complete a form N244 - Here: https://www.nationalbailiffadvice.uk/Template-n244.html
and make a witness statement setting out why the enforcement stage fees do not apply and support it with exhibits of your current and previous address.
It's best to do this with a solicitor because the paperwork is complex when done by hand with an old fashioned calculator.
It needs specialist computer-generated document software to explain out the detailed assessment arithmetic, the N244, evidence and legal argument as well as the peripheral documents such as the solicitor's Notice of Acting.
They key in the dates, values and upload the evidence to a computer program and press the magic button. It spits out all the court documents and creates the bundle. They assign a D-grade solicitor to represent you.
The council pays your solicitors costs anyway, and they can recover it from the bailiff company.
Re: Recovery of enforcement fee
thanks, that's extremely helpful. can i clarify a couple of points for my own understanding if possible?
1) when you talk about an 'enforcement step' at the new address, is that met by them sending us a letter demanding cash? there has been no visit etc to the new address.
2) I have been informed by the council's representatives that the only warrant of enforcement relates to my old address but I've not seen a copy of it - can i get this from the TEC or another party (ideally not from the baliffs for obvious reasons).
3) even if there was a reissued warrant before the notice of enforcement was sent to my new address, my interpretation would still be that only the £75 compliance stage fee could be valid as there had been no chargable visit to the new address, and the 7 days notice had not been served. is that correct?
1) when you talk about an 'enforcement step' at the new address, is that met by them sending us a letter demanding cash? there has been no visit etc to the new address.
2) I have been informed by the council's representatives that the only warrant of enforcement relates to my old address but I've not seen a copy of it - can i get this from the TEC or another party (ideally not from the baliffs for obvious reasons).
3) even if there was a reissued warrant before the notice of enforcement was sent to my new address, my interpretation would still be that only the £75 compliance stage fee could be valid as there had been no chargable visit to the new address, and the 7 days notice had not been served. is that correct?
Re: Recovery of enforcement fee
1.
An enforcement step is one of three things.
The compliance stage, giving the debtor a statutory notice that enforcement starts, and that attracts a statutory charge of £75
The enforcement stage, attending on the debtor, and that attracts a charge of £235
The sale stage, taking the debtors goods to pay the debt and attracts a charge of £110.
Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014.
In your case, the bailiffs didn’t give the statutory notice because they sent it to an old address. The fees no longer apply.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 says the enforcement fees only apply when the bailiff uses the Schedule 12 provisions.
The schedule 12 provisions include paragraph 7.1 which requires the bailiff to give a statutory notice.
2.
If the warrant has your old address on it, then that is sufficient proof the enforcement stage fees do not apply.
Section 7 of the Interpretation Act 1978 says a document given by post is deemed to be served on the recipient unless evidence to the contrary is proved.
When the TEC accepted your old address as part of the telephone security check to be the warrant address, your evidence to the contrary is proved.
There is no paper warrant these days, it's all digital. So a witness statement together with evidence of your new address is sufficient proof.
If your change of address is very recent, then you can ask the bailiff company for a copy of the warrant. They will doctor it with your new address and you got them for fraud. Nobody can modify the date of issue on the warrant, and modified date now pre-dates you living there.
3.
The TEC can re-issue a warrant under CPR 75.10, but all it rolls the enforcement back and starts again from the date of the re-issued warrant.
This includes the 7-day statutory wait period before a bailiff can attend after they give the notice at your new address.
Any enforcement charges made before that date are invalid.
An enforcement step is one of three things.
The compliance stage, giving the debtor a statutory notice that enforcement starts, and that attracts a statutory charge of £75
The enforcement stage, attending on the debtor, and that attracts a charge of £235
The sale stage, taking the debtors goods to pay the debt and attracts a charge of £110.
Table 2 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014.
In your case, the bailiffs didn’t give the statutory notice because they sent it to an old address. The fees no longer apply.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 says the enforcement fees only apply when the bailiff uses the Schedule 12 provisions.
The schedule 12 provisions include paragraph 7.1 which requires the bailiff to give a statutory notice.
2.
If the warrant has your old address on it, then that is sufficient proof the enforcement stage fees do not apply.
Section 7 of the Interpretation Act 1978 says a document given by post is deemed to be served on the recipient unless evidence to the contrary is proved.
When the TEC accepted your old address as part of the telephone security check to be the warrant address, your evidence to the contrary is proved.
There is no paper warrant these days, it's all digital. So a witness statement together with evidence of your new address is sufficient proof.
If your change of address is very recent, then you can ask the bailiff company for a copy of the warrant. They will doctor it with your new address and you got them for fraud. Nobody can modify the date of issue on the warrant, and modified date now pre-dates you living there.
3.
The TEC can re-issue a warrant under CPR 75.10, but all it rolls the enforcement back and starts again from the date of the re-issued warrant.
This includes the 7-day statutory wait period before a bailiff can attend after they give the notice at your new address.
Any enforcement charges made before that date are invalid.
Re: Recovery of enforcement fee
That's really clear, thanks again. I knew enough about how civil law usually works to know it felt extremely dodgy but good to have it laid out like that. Will let you know how i get on.