Dear Her Majesty’s Courts and the Tribunals Service,
Freedom of information request:
Does the law state the warrant ceases to have effect when the defaulter has paid the sum that court has adjudged him to pay, part 52.8(5) of the Criminal Procedure Rules 2013.
Does the law also state If no control of the defaulters goods have taken place then there are no costs for the execution of the distress warrant,, part 52.8(5)(ii) of the Criminal Procedure Rules 2013. These costs the law allows only apply for costs of taking control of goods - "distress" or the "execution" of distress.
Is it also true that nothing in the legislation is a license to charge fees and the law even says a bailiff cannot make an improper charge for taking control of goods, section 78(5) of the Magistrates' Courts Act 1980.
Could you also tell me if a bailiff wants a court to enforce payment of his fees, the law says he must apply for an order, section 92(8) of the Courts Act 2003.
Does it also state in the contract that you have with private bailiffs that you do not charge for this service and the cost is paid by the department (HMCTS).
Does a bailiff comit fraud when claiming to have a warrant to execute even when he knows the court has received the amount that the defaulter was adjudged to pay.
Why do court staff say that bailiff fees are payable by the defaulter and when questioned about it
they reply i'm just saying what i'm told to say. I spoke to several individual staff members on the phone
and all said pretty much the same thing.
Not one one of them would give their full name .
Is this the way court staff are trained ?
I would also like instructions to end this
situation and reclaim any money that was unlawfully
taken off me .
Dear D Longhurst,
Thank you for your e-mail, I am writing to advise you that your enquiry does not fall under the Freedom of Information regime.
It may be helpful if I explain that the Freedom of Information Act (2000) gives individuals and organisations the right of access to all types of recorded information held, at the time the request is received, by public authorities such as the Ministry of Justice (MoJ). Section 84 of the Act states that in order for a request for information to be handled as a Freedom of Information (FOI) request, it must be for recorded information. For example, a Freedom of Information request would be for a copy of a policy, rather than an explanation as to why we have that policy in place. On occasion, the Ministry of Justice receives requests that do not ask for recorded information, but ask more general questions about, for example, a policy, opinion or a decision.
Since you are asking for clarification about Bailiff Fees And Court Fines processes, this will be best dealt with by the Ministerial Correspondence Unit (MCU) who will process your query as Official Correspondence. I have copied them into this e-mail but they can be contacted via the contact details below, should you wish to follow up this e-mail.:
Ministerial Correspondence Unit, Ministry of Justice, 102 Petty France, London, SW1H 9AJ, United Kingdom DX 152380 Westminster 8
Telephone: +44 (0)20 3334 3555
Fax: +44 (0)870 761 7753
E-Mail [email address]
These details can also be located via the following link: http://www.justice.gov.uk/contacts/moj#gen
If you do have any questions relating specifically to the Freedom of Information or Data Protection Act, please contact the Data Access and Compliance Unit at the following e-mail address: [HMCTS request email]
Data Access & Compliance Unit
Post point 10.34
102 Petty France
E [HMCTS request email]
Find attached the response to your email sent to Ministry of Justice MoJ dated 8th January 2014.
Contracts and Projects Manager │ National Compliance and Enforcement Service │ Her Majesty's Courts and Tribunals Service
2nd Floor - 2.27
102 Petty France
London SW1H 9AJ
020 3334 4528
07833705903 │jurie[email address]
This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.
Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.
We work to defend the right to FOI for everyone
Help us protect your right to hold public authorities to account. Donate and support our work.Donate Now