England & Wales edition
Freephone
0808 808 4000
www.nationaldebtline.org
Magistrates' court fines
Fact sheet no. 13 EW Magistrates' court fines
May 2017
This fact sheet tells you how you can get a fine from the magistrates’ court and how to deal with this debt. It also
describes what the magistrates’ court can do to recover the debt you owe on the fine if you do not deal with it, or miss
agreed payments.
Use this fact sheet to:
find out what the magistrates’ court can do to recover the money owed on this type of debt;
help you to negotiate with the court if you cannot afford to pay the fine straight away;
find out how to deal with bailiffs (also known as enforcement agents) if the court uses them to recover the fine;
help you to prepare for a hearing at the magistrates’ court; and
understand when the magistrates can and cannot send a person to prison if they do not pay the fine.
This fact sheet includes information about the amount taken out of wages to pay for a fine.
Why might I get a fine?
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. They can
also order you to pay compensation to any injured party and
award costs against you.
The fine may be set at an initial hearing or as a result of a fixed
penalty notice (where the level of the fine is set automatically).
You need to make sure the court has all the information about
your circumstances. This may affect the level of the fine you are
ordered to pay and whether you are given time to pay the fine in
instalments. You can also be fined if you do not give the court
details of your income and outgoings when ordered to do so.
Important:
priority debts
Fines are a priority debt because the
magistrates’ court has the power to send you to
prison for non­payment.
Information:
disputing a fine
You may be able to dispute a fine if you think you
do not owe the fine. You may also be able to
challenge the amount of the fine if you think this
is too high. Contact us for advice.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 1 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
The procedure
The procedure for collecting fines is as follows.
After you have been fined, the court will make a ‘collection
order’ that contains details of how the fine should be paid.
The notice of the fine and the payment rate (if one has been
set by the court) is sent out to you.
If you agree, then an attachment of earnings order or a
deduction from benefits order can be made immediately.
Extra advice:
existing defaulter
You will be treated as an existing defaulter if you
have another fine outstanding and you have not
made payments as set out in the collection order
for that fine.
If you are what the court calls an ‘existing defaulter', then the
court must make an attachment of earnings order or deduction from benefits order.
The collection order will set out what payments should be
made on your fine. This may allow you time to pay in
instalments, or to ask for payment in full within ten days.
Warning:
court's powers
The court can also order you to be kept in the court for the rest
of the day, or even order you to do unpaid work in some
circumstances (with your agreement).
Be careful: the court has the power to search you
and remove all the money you have with you to
pay the fine.
The collection order
The court must send you a copy of the collection order which should tell you the following information:
the amount of the fine, any costs or compensation order;
whether you will be treated as an ‘existing defaulter’;
whether the court has made an attachment of earnings order
or deduction from benefits order;
what the payment terms are on the fine;
how the amount owed may increase to cover the costs for
collecting the debt; and
which fines office the order is allocated to.
Important:
applying to the fines
officer
You can only apply to the fines officer to change
your payment arrangements if you can prove you
have had a change in your circumstances, or you
can give the court extra information about your
financial position.
If you cannot afford to pay, you can apply to the fines officer for:
further time to pay;
to pay by instalments; or
to change the instalments you have been ordered to pay.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 2 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
Some courts have a fines officer located within the court. If this is the case, contact the court to discuss payment with the
fines officer. Other courts use a regional fines enforcement team to deal with fine payments, who have the same powers
as fines officers. These teams may be located away from the court. If the court that issued your fine uses a regional fines
enforcement team, then you will need to contact the team to discuss your payments. Your collection order should tell you
who to contact. If you are unsure who is dealing with your case, ask the court that issued the fine or contact us for
advice.
If the fines officer refuses your request, you can appeal against the decision to the magistrates’ court within ten days.
This may lead to a hearing with the magistrates.
If you miss payments
If you miss payments and have not made an application to the fines officer to reduce your payments, the fines officer
must make an attachment of earnings order or a deduction from benefits order. If neither of these orders is possible,
then the fines officer may take ‘further steps’. See Further steps later in this fact sheet.
Attachment of earnings orders
The amount the court can order you to pay is on a sliding scale
based on your take home pay. An attachment of earnings order
cannot be made if you are self­employed or are a director of a
limited company and you do not take a regular salary.
Information:
It is possible to have more than one fine paid through a
consolidated attachment of earnings order. Contact us for
advice.
There is a Deduction from wages table
showing how the deductions from your wages are
worked out at the end of this fact sheet.
deductions from wages
Deduction from benefits orders
If you are on Income Support, income­based Jobseeker’s
Allowance, income­related Employment and Support Allowance,
Pension Credit or Universal Credit, the court can order weekly
direct deductions to be taken from your benefit to pay the fine.
The deduction rate is £5 per week, but for Universal Credit
only, the deduction can be up to £25 each week.
If you get contribution­based Jobseeker’s Allowance or
contributory Employment and Support Allowance, the deduction
can be up to 40% of the benefit.
Information:
hardship
If the deduction will cause hardship, you have
ten days to appeal against the decision to the
magistrates’ court.
Further steps
If you have defaulted on payments, the fines officer can refer your case back to the magistrates’ court for a hearing, or
send you a notice telling you what steps they intend to take. The further steps can include:
issuing a bailiff’s warrant;
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 3 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
registering the debt in the Register of Judgments, Orders
and Fines;
making a clamping order; or
applying for the fine to be enforced in the County Court or
High Court.
May 2017
Information:
appealing
You have ten days to appeal against the
decision to the magistrates’ court.
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 control’.
Information:
changes to bailiff law
The bailiff should give you seven clear days’ notice that they
are due to visit you. This is sometimes known as the
‘enforcement notice’. ‘Clear days’ does not include Sundays,
Christmas Day or bank holidays.
When the warrant of control is issued, the bailiffs have a right to
try to take control of your goods. This applies even if you move
the goods or give them to someone else at any time, even if this
is within the seven clear days' notice period.
On 6 April 2014, the law on bailiffs changed. The
information in this fact sheet is based on our
understanding of the new rules. Some bailiffs
may interpret the new rules differently. It is not
yet clear how the new rules will be applied in
practice. If you are unsure whether a bailiff’s
actions are legal, contact us for advice.
Bailiffs are also commonly known as enforcement
agents. In this fact sheet we use the term bailiff.
You can ask the fines officer to recall the bailiff’s warrant to the
magistrates’ court if the person with the fine is seen as
‘vulnerable’ because of either a physical disability or a mental health condition. You will need to provide medical evidence
with your request, which should be in writing. Remember to keep a copy of your letter.
Do I have to let the bailiffs in?
Bailiffs do not usually have the power to break into your home
and, normally, the best course of action is not to open the door
to them in case they try to push past you. There is also the
danger that they gain entry by peaceful means, such as by
getting through an open door, or by you letting them in.
If you are not sure whether the bailiff can force their way into
your home, contact us for advice.
You must either pay the debt or arrange instalment payments
with the bailiff (if possible). The bailiff will often ask for high
instalments as they have time limits in which to recover the debt.
A bailiff can take control of goods outside your home, so if you
have a vehicle, keep it in a locked garage. If you park the
vehicle on your drive or a public road, the bailiffs could clamp
and possibly remove.
Warning:
bailiffs' entry rights
Bailiffs collecting certain magistrates’ court fines,
have the power to break into your home and
other premises to take your goods, even if they
have not been in before. The rules say this
power should only be used if it is reasonable to
do so, and a bailiff should seek the court's
permission to do so. If the relevant court staff are
not available, the bailiff can use their own
discretion.
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, contact
us for advice.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 4 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
Can the bailiffs take my goods?
Magistrates’ court bailiffs should not take:
clothing, bedding, furniture and basic household items that
are necessary for the basic domestic needs of you and your
family;
tools, books, telephones, computers, vehicles and other
items of equipment that are necessary for use personally in
your job, business or education (up to a total value of
£1,350); and
items you or someone else is physically using where taking
the goods is likely to lead to a breach of the peace.
If a bailiff takes control of goods that are protected, you can
make a court claim for the goods to be returned. Contact us
for advice.
Extra advice:
exempt goods
The goods that bailiffs are not allowed to take
include the following.
A cooker or microwave.
A refrigerator.
A washing machine.
A dining table and chairs for you and your
household.
This is not a complete list of the goods that
bailiffs should not take. If you are unsure whether
an item is exempt or not, contact us for advice.
Can bailiffs take goods belonging to someone else?
The bailiff can only take goods belonging to the person who
owes the fine. They should not take goods that belong to other
people, including rented goods. If they threaten to do this,
explain that the goods do not belong to you. Show a receipt or
credit agreement as proof. If the owner hasn’t got a receipt, they
can provide a sworn statement called a ‘statutory declaration’
instead. Contact us for advice.
Extra advice:
complaints
If you want to complain about a bailiff, contact
us for advice.
If a bailiff takes goods belonging to a third party, the third party can apply to court to get the goods back. However, they
will need to pay the court a deposit. The size of the deposit depends on the value of the goods that have been taken.
Contact us for advice.
Bailiffs can take goods that are jointly­owned by you and your partner, but if you are the person who owes the fine, they
are only entitled to your share of the goods.
Can bailiffs take goods on hire purchase or conditional sale?
There are different legal views about whether bailiffs can take control of goods on hire­purchase or conditional­sale
agreements. If a bailiff threatens this, contact us for advice.
What if there are no goods to take?
If the bailiffs come into your home, they may decide that your goods are not worth enough to cover the cost of them
coming with a van to remove and sell them. If this is the case, the bailiff may return at a later date to try to take control of
your goods. They have 12 months from the date of the enforcement notice to take control of your goods. If you agree
instalments with a bailiff and stop paying these, the 12 months will not start until the arrangement has been broken.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 5 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
What if I have let the bailiff in already?
If you have already let a magistrates’ court bailiff into your home, it is important to bear in mind the following points.
The bailiff will not usually take away goods on their first visit. They may ask you to sign a ‘controlled goods agreement’. This allows you to keep using the items listed on the
agreement. However, the bailiff can return and take the goods by breaking in, if necessary. If you don’t sign the
agreement, the bailiffs may remove the goods straight away. Alternatively, they may lock up the goods on your
premises. Contact us for advice. A bailiff may not be able to take goods that are worth more than you actually owe. If they threaten to do this, contact us
for advice.
What if I hide things away?
If the bailiffs haven’t yet been in and you hide things by taking them somewhere else, the bailiffs may apply to court for
permission to break into the place where you have put the goods. If the bailiffs have already been in and taken control of
your goods, you are committing an offence if you remove goods that they have said they will take. 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 budget summary and asking them whether they will accept
instalment payments. Send a copy of your letter and budget summary to the magistrates’ court.
If the bailiffs will not accept the payments, save up the money to take to any hearings in the magistrates’ court to prove
you are willing to pay.
Bailiffs’ costs
Magistrates’ court bailiffs can charge you the following fees if
they take the type of action described.
£75 for being instructed by the creditor, carrying out initial
checks, investigations and receiving payments.
£235 to cover visiting and entering premises and taking
control of your goods.
£110 to cover removing your goods, valuing them and
arranging for them to be sold.
Information:
bailiffs' costs
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 the court the
bailiffs costs may not be enforced by the court.
The cost of storing goods which the bailiff has removed.
The cost of hiring a locksmith, if one is needed.
If your debt is over £1,500 or if your goods are sold at auction, further fees can be charged. Contact us for advice.
The bailiffs should give you information about how much you owe before and after they visit you. If you think they have
charged you too much, contact us for advice. You may be able to challenge the fees through the County Court.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 6 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
Complaints about bailiffs
You can complain about a magistrates' court bailiff if you are
unhappy about the way you have been treated.
See our fact sheet:
Complaining about a private
bailiff.
Registration of fines
The fines officer can include the fine on the Register of
Judgments, Orders and Fines which may affect your ability to
get credit. The information will usually stay on the register for
five years. This information is not currently passed on to credit
reference agencies. This may change in the future. Contact us
for advice.
See our fact sheet:
Credit reference agencies
and credit reports.
Clamping orders
A clamping order can only be made if the fines officer decides you:
are able to pay the fine; and
the value of your vehicle would cover the fine plus the costs of clamping and sale.
The court must send you a notice of the clamping order and give you a date by which you should pay the amount
owed. A private clamping company will be asked to carry out the order if you do not pay by the date given.
If your vehicle is clamped, you can get your vehicle released if you pay the full clamping charge and the fine in full.
If you do not pay, the vehicle can be removed after 24 hours.
Ten days after the vehicle is clamped the fines officer can ask
the magistrate for an order to sell the car. You should get notice
of the hearing, which must be at least 21 days from when the
vehicle was clamped. It is very important that you go to the
hearing. The vehicle cannot be sold for one month from the
date the vehicle was clamped.
Extra advice:
getting vehicle returned
At the hearing you can ask the court to return the
vehicle, particularly if you can prove the sale
would not cover the costs. Ask the court to
consider writing off the charges and fees if they
are not reasonable.
County Court or High Court
enforcement
If the fines officer decides you can afford to pay your fine in one lump sum and you have not done so, they can apply to
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 7 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
the County Court or High Court for a third party debt order, or a charging order,to be made against you. Contact us for
advice.
If you can't afford the repayments
You may find that you cannot afford to pay the amounts ordered for a variety of reasons, such as a drop in income,
multiple debts, a relationship breakdown, a new baby or due to illness.
Contact the fines officer at the court which holds the fine. Tell them about your situation and make an offer of
repayment. Provide a copy of your personal budget.
Some courts do not have fines officers located within the court. Instead they use a regional fines enforcement team
who you will need to contact to discuss payments. Provide a copy of your personal budget.
You may have to attend a court hearing. However, if you send the court or regional fines enforcement team a copy of
your personal budget and give them full details of your circumstances, they may accept your offer without a hearing.
If your request is refused, you can appeal against the decision to the magistrates’ court within ten days. Contact us
for advice.
What happens at a magistrates' court hearing?
You will be sent a ‘default summons’ telling you when to go to
court. The hearing is called a means enquiry hearing.
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 send you to prison (if there is a
suspended sentence already on the fine).
Warning:
private bailiffs
The magistrates’ court will usually instruct private
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
to enforce payment by taking your goods, or to
arrest you to go to a court hearing.
When you attend the hearing the court will ask for details of your income, expenditure and any other debts you may have.
You should take along information about your income and outgoings plus proof such as pay slips, a letter from your
employer, or a letter from the benefits office and so on.
You should check with the fines office at the court if you are unsure about what the procedures are.
What can a magistrate do at a hearing?
The magistrates have a range of options at the means enquiry hearing.
Allow you more time to pay.
Search and remove all the money you have with you to pay the fine.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 8 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
Order someone, such as a probation officer, to supervise your payments. This is called a ‘money payment supervision
order’.
Make an attachment of earnings order.
Order deductions from your benefit.
Important:
Apply for the fine to be enforced in the County Court or High
Court.
legal help
Issue a warrant so that bailiffs can try to take control of your
goods.
Order you to be detained in the court for the rest of the day. This would ‘write off’ the fine.
You are entitled to ask for legal help at a court
hearing relating to non­payment of a fine. You
may be able to get the duty solicitor at the court
to speak on your behalf at the hearing. Contact
us for advice.
Increase the level of the fine by 50% if they think you have
not paid due to ‘wilful refusal or culpable neglect'.
Make a clamping order.
Register the fine.
Make an unpaid work order.
Consider committal to prison.
Unpaid work order
An unpaid work order can only be made if it is suitable in your case. This option may be worth considering where the
alternative is going to prison.
Remitting the fine
This means the court can write off all, or part, of the fine if you have had a change in your circumstances or your
circumstances have got worse since the fine was set. They may remit the fine if the court did not have full details of your
income, expenditure and debts when the fine was originally set. This is unlikely to happen because of the other options
the court has. The court cannot write off compensation orders or costs.
​Can the court send you to prison?
The court can order imprisonment, but only after a means enquiry hearing which you must attend. You cannot be sent to
prison without at least one hearing where you have the chance to explain your financial circumstances.
The court must have tried all other ways of enforcing the fine before they can do this.
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 a drop in your household 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. However, you need to treat the fine
as a priority debt.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 9 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
It is helpful to take some money to offer to the court, even if it is
only your weekly or monthly offer of payment. This will show the
court you are not refusing to pay.
May 2017
Warning:
attend the hearing
The court can give you 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.
If you do not attend this hearing, the prison
sentence will become active. Private bailiffs can
be instructed to arrest you and take you into
custody. It may be possible to stop this
happening by writing to the court, explaining the
reason why you did not go to the hearing and
why you have not paid. Another court date may
then be set up to consider your circumstances.
If the court imposes a suspended prison sentence or a
‘suspended committal order’, 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.
You are serving a prison sentence
If you are serving a sentence in prison, you can ask the magistrates’ court to ‘lodge’ (link) your fine to your sentence. This
has the effect of writing off the fine. You can get a form to do this from the prison staff.
If you prefer, you can get a member of your family, a friend or an advice agency to contact the magistrates’ court for you.
They should ask for your fine to be lodged to your sentence and give the court the details of your prison, your prison
number and the expected date of your release.
If you have not taken steps to deal with your fine, but you have served your sentence recently, you can still ask for your
fine to be remitted (written off). Take your release papers to the fines clinic at the magistrates’ court. Ask the fines officer
to show the magistrates your release papers and ask them to remit your fine.
The parking penalty scheme
Parking penalties are not enforced in the magistrates’ court.
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 if it is a
county court judgment.
See our fact sheet:
Penalty charge notices
(PCNs) for parking.
Useful contacts
GOV.UK legal aid scheme www.gov.uk
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 10 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
Deduction from wages rates
Deductions from weekly earnings
​N et earnings
%
​ Deduction rate
​Not exceeding £55
​0
​Exceeding £55 but not exceeding £100
​3
​Exceeding £100 but not exceeding £135
​5
​Exceeding £135 but not exceeding £165
​7
​Exceeding £165 but not exceeding £260
​12
​Exceeding £260 but not exceeding £370
​17
​Exceeding £370
​17% in respect of the first £370 and 50% in respect of the
remainder.
Deductions from monthly earnings
​N et earnings
​% Deduction rate
​Not exceeding £220
​0
​Exceeding £220 but not exceeding £400
​3
​Exceeding £400 but not exceeding £540
​5
​Exceeding £540 but not exceeding £660
​7
​Exceeding £660 but not exceeding £1,040
​12
​Exceeding £1,040 but not exceeding £1,480
​17
​Exceeding £1,480
​17% in respect of the first £1,480 and 50% in respect of the
remainder.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 11 of 12
Magistrates' court fines
England & Wales edition
Fact sheet no. 13 EW Magistrates' court fines
May 2017
National Debtline endeavour to keep our fact sheets as up-to-date as possible, however, we cannot be held responsible for changes
in legislation or for developments in case law since this edition of the fact sheet was issued.
National Debtline is part of the Money Advice Trust. Money Advice Trust Registered Charity Number 1099506. A company limited by
guarantee. Registered in England and Wales (Number 4741583). Registered office 21 Garlick Hill, London, WC4V 2AU. © Copyright
National Debtline 2001.
My Money Steps is our free, independent and confidential online debt advice service. My Money Steps will help you work
out a budget and give you a personalised action plan setting out practical steps to deal with your debts.
www.mymoneysteps.org
Freephone 0808 808 4000
www.nationaldebtline.org
Page 12 of 12