Stop enforcement actions by signing on, starting employment, or claiming a benefit.
Next, formally request the fines officer, in writing, to settle your fine via an attachment of earnings or deduction from benefits. While the fines officer isn't obliged to approve the order initially, withdrawing your consent would compel them to execute it as required by law.
The Law:
Paragraph 9 of Schedule 5 of the Courts Act 2003 (The 2003 Act) states:
Attachment of earnings order or application for benefit Deductions with P’s consent
(1)This paragraph applies if—
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is not an existing defaulter or, if he is, that his existing default (or defaults) can be disregarded.
(2)The
court may make—
(a)an attachment of earnings order, or
(b)an application for benefit Deductions,
if P consents.
Should the fines officer opt against issuing an order, you can retract your consent in writing. Additionally, furnish a completed form MC100 along with details of your employer's name and address, or specify the type of benefit you're receiving. This action then compels the fines officer to fulfil the order, as mandated by law.
The Law:
Paragraph 8 of Schedule 5 of he 2003 Act states:
Attachment of earnings order or application for benefit Deductions
without P’s consent
(1)This paragraph applies if—
(a)paragraph 7A does not apply, and
(b)the relevant court concludes that P is an existing defaulter and that his existing default (or defaults) cannot be disregarded.
(2)The
court must make an attachment of earnings order if it appears to the court—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order.
(3)The
court must make an application for benefit Deductions if it appears to the court—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(4)If it appears to the court that (apart from this sub-paragraph) both sub-paragraph (2) and sub-paragraph (3) would apply,
the court must make either an attachment of earnings order or an application for benefit Deductions.
The Law:
The operation of paragraph 26 of Schedule 5 of he 2003 Act also cones into effect, and states:
Attachment of earnings order or application for benefit Deductions to be made
The
fines officer must make an attachment of earnings order if it appears to him—
(a)that P is in employment, and
(b)that it is not impracticable or inappropriate to make the order..
(2)The
fines officer must make an application for benefit Deductions if it appears to him—
(a)that P is entitled to a relevant benefit, and
(b)that it is not impracticable or inappropriate to make the application.
(3)If it appears to the fines officer that (apart from this sub-paragraph) both sub-paragraph (1) and sub-paragraph (2) would apply,
he must make either an
attachment of earnings order or an application for
benefit Deductions.
Template email: Request the fines officer to arrange an attachment of earnings or a deduction from benefits. Enclose a completed form MC100
If the fines officer does not adhere to legal requirements or is uncooperative, contact the Parliamentary Ombudsman through your Member of Parliament (MP).
