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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71032
Experience:  Over 5 years in practice
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I receive a visit from a a bailiff yesterday (Marston

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I receive a visit from a a bailiff yesterday (Marston Holdings/Swift) when I was out yesterday and they left a Removal Notice. The fine in question was paid in full on 27 June at a Post Office using the payment card issued by the court and I have a receipt. I also have a letter from the court acknowledging receipt and saying that the money has been forwarded to the Approved Enforcement Agent to credit against the money owed. The letter goes on to say that once the Warrant of Control has been issued, payment to HM Courts and Tribunals Service will not change the situation and they will continue to enforce against me for the3 whole amount. I have looked on forums and it seems that the warrant is no longer valid once the fine has been paid in full, which it was some weeks ago. Should I simply put a notice on my door? I have downloaded a formal complaint form to send to Swindon magistrates Court, cc. Marston Holdings. Any advice please? The fine was a speeding fine which I pleaded guilty to and was sent a £10 a week order and a payment card. I'm not weekly paid and don't use payment cards ordinarily (I'm not on benefits) and after making some payment I forgot the rest. Once I realized I paid the balance off in full. I received letters from Swift (Marston has this name on the Removal Notice from yesterday) but there was nothing to identify what it referred to and I thought it was to do with a parking fine which I had challenged. I now realize that's not the case.
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Does the payment that you made include the bailiffs fees?

Customer: replied 1 year ago.
No. I was unaware of any bailiff until yesterday and the payment to the court was made on 27 June.

What was the date of judgement?

Customer: replied 1 year ago.
It was 1 Feb 2016 for a total of £230. I paid £60. As I mentioned earlier I was unaware that letters/notices from Swift were about this matter - (I thought they were about a different matter).
Customer: replied 1 year ago.
Hi. I am at work and can't ring to discuss until later when I have a break.

I'm not sure what you mean? I can't do a phone call I'm afraid.

Did you basically pay the sum of judgment? Which was upon the 1st February? If so, it is bad news I'm afraid.

Customer: replied 1 year ago.
Please explain further what the bad news is. To clarify: I paid £60 arrears and when I realized that I had slipped with the payments I paid the balance of £170 on 27 June. A Warrant of Control was issued on 13 June 2016 and I received this on my return from a trip to Spain. It states Debt £170, Compliance stage fee £75.00 - Total £245. It said I must pay or agree I payment arrangement by 23.59 27 June 2016. I made the payment of £170 on 27 June 2016 at 13.07 therefore in time. It looks to me like I should have paid a further £75 - is that correct? If so I can make that payment online today.


What I need to know is

1 Have paid the sum of judgment?

2 Was that judgment issued on the 1st February?

Customer: replied 1 year ago.
The Notice of Fine and Collection order was made on 1 Feb 2016 in the sum of £230 to be paid at £10 pw starting 29 Feb 2016. I paid £60, and the balance of £170 was paid on 27 June 2016 making a total of £30 - the sum total of the judgement.
Customer: replied 1 year ago.
1. The sum of judgement was paid in full by 13.07 27 June 2016
2. The judgement was issued on 1 Feb 2016

Was the £10 a week agreed by a court in the form of a variation order?

Customer: replied 1 year ago.
No. I entered my plea online and was asked details of household expenditure. I did not ask for payment by instalment as I didn't think my income and outgoings justified it but it was on the Notice of fine and collection order dated 1 Feb 2016. I am leaving for lunch now so will be unable to respond further until I return at 2.00. Thanks

In that case the reason you have had a bailiff visit is that you didn't pay in full within 28 days of judgment.

The effect of that is that the debt has been passed to bailiffs and you are liable for their fees.

They will be fairly small but they will be a sum in addition to the sum of judgment.

Can I clarify anything for you?


Customer: replied 1 year ago.
The judgement on 1 Feb 2016 was NOT for payment within 28 days. As I said, it was for £10 a week from 29 Feb 2016, which would mean it 23 weeks to pay in full. Once I realized my payments had lapsed I paid the balance excluding the further £70 by the deadline of 27 June. I am going to pay the further £70 today and then all will have been paid. Are you able to advise on the warrant - whether that is enforceable please?

Yes, the warrant is enforceable as you did not pay in full within 28 days.

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Customer: replied 1 year ago.
Based on what you have told me have paid the balance to Swift. Thanks