- Forced entry to a home
- PossibleGOV.UK: only as a last resort
- Notice before a visit
- 14 clear dayssame as other debts
- Covered by Breathing Space
- Nofines are excluded debts
- Firms approved to collect
- 3named on GOV.UK
What counts as a court fine
The same enforcement applies to everything a criminal court orders someone to pay: the fine itself, compensation, the victim surcharge, prosecution costs, and fixed penalties that were not paid and have been registered at the magistrates’ court. Common sources are motoring offences, TV licence prosecutions and rail fare prosecutions.
Who collects them
Fines are collected by HM Courts and Tribunals Service. Its own staff are called civilian enforcement officers. Warrants are also passed to private firms known as Approved Enforcement Agencies, and GOV.UK names three:
GOV.UK’s advice for checking identity is to confirm that an agent claiming to be an Approved Enforcement Agent is from one of those companies. How to check a bailiff is genuine
What the court can do before a bailiff is sent
A fines officer has a list of “further steps” that can be taken against someone who has not paid. The Courts Act 2003 sets them out:
- issuing a warrant of control, which is what authorises an enforcement agent,
- an attachment of earnings order, or an application for deductions from benefits,
- registering the fine on the Register of Judgments, Orders and Fines,
- a clamping order against a vehicle registered in the person’s name, and
- enforcement through the county court or High Court.
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What court fine bailiffs can and cannot do
The rules allow them to
- Use reasonable force to enter a home, where it is needed, to enforce a fine imposed on conviction. In practice that means a locksmith.
- Visit between 6am and 9pm on any day, after a Notice of Enforcement giving 14 clear days.
- Take control of goods and vehicles belonging to the person fined.
- Add the standard fees: £79, £247, and £116 if goods are removed.
- Carry out an arrest warrant where a court has issued one, for example for breaching a community penalty. That is a separate warrant from the one allowing goods to be taken.
The rules do not allow them to
- Use force against a person. The power is to get into premises.
- Enter when the only person at home is a child under 16 or a vulnerable person.
- Take protected household items, or goods that belong to someone else.
- Leave a home insecure after forcing entry. It must be left as effectively secured as it was found.
- Skip the Notice of Enforcement. The notice rules apply to fines as they do to any other debt.
Why the usual pauses do not work
Fines for criminal offences are excluded from Breathing Space, so a moratorium arranged for other debts does not stop a fines warrant. GOV.UK also warns that once enforcement has started, “the court might reject your payment”, which means payment may have to go through the enforcement firm with its fees.
What remains open is contact with the court itself. The notice of fine lists an Enforcement Office, and the court that imposed the fine can be asked to look again at how it is paid. The fines payment lines are 0300 790 9901 in England and 0300 790 9980 in Wales.
Can an unpaid fine lead to prison?
It can, but the law sets a high bar. Under the Magistrates’ Courts Act 1980 a court can only commit someone to prison for an unpaid fine after inquiring into their means, and only if it is satisfied that the default is due to “wilful refusal or culpable neglect” and that it “has considered or tried all other methods of enforcing payment”.
GOV.UK puts the risk more simply: “You might be arrested if you do not pay criminal debts, such as fines or penalty notices.”
Common questions
Can bailiffs break in for an unpaid court fine?
Yes, this is the main exception to the peaceful entry rule. Agents enforcing a magistrates’ court fine can use reasonable force to enter a home. GOV.UK describes it as a last resort.
Are Marston bailiffs court bailiffs?
Marston Holdings is a private company. It is one of three firms approved to enforce magistrates’ court fines for HM Courts and Tribunals Service, so its agents may be acting on a court warrant, but they are not court employees.
Can a court fine be included in a debt solution?
Court fines are excluded from Breathing Space. How fines are treated in other debt solutions is a matter for a debt adviser, and it differs from ordinary debts.
Do court fines get written off?
There is no time limit after which a magistrates’ court fine can no longer be enforced. A magistrates’ court can remit all or part of a fine, but only where it thinks that is just because of a change in the person’s circumstances since they were convicted.
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Free debt advice is available
These organisations give free, impartial debt advice and are independent of Bailiff Support Team. Nobody has to use a paid or commercial service to get help with their debts, and using one of the free services does not reduce the options available. Their advisers can also ask an enforcement firm to extend a notice period or apply for Breathing Space where it fits.
- MoneyHelperGovernment-backed. Finds a free debt adviser nearby or online.
- StepChange Debt CharityFree debt advice online and by phone.
- Citizens AdviceDetailed help with bailiffs, online and in person.
- National DebtlineFree advice and sample letters, run by the Money Advice Trust.
Sources
- GOV.UK: Bailiff powers when they visit your home
- GOV.UK: Pay a court fine
- Tribunals, Courts and Enforcement Act 2007, Schedule 12
- Courts Act 2003, Schedule 5, paragraph 38 (further steps against fine defaulters)
- Magistrates' Courts Act 1980, section 76 (enforcement of sums adjudged to be paid)
- Magistrates' Courts Act 1980, section 82 (restriction on imprisonment for default)
- Magistrates' Courts Act 1980, section 85 (power to remit fine)
- GOV.UK: Debt Respite Scheme (Breathing Space) guidance for creditors
- Taking Control of Goods (Fees) Regulations 2014, Schedule (fee tables)