Magistrates' Court Fine - You were not given a Collection Order

The court is prohibited from instrucitng bailiffs to collect outstanding court fines from a debtor until a Collection Order has been issued, informing the debtor of their payment obligation.

If a bailiff arrives without a Collection Order being served, it typically indicates that the debtor has changed address, prompting the bailiff to search online and find the new address without the debtor having received a Collection Order. Such action breaches established guidelines.


Official Guidelines:

The Government published official guidelines called, Taking Control of Goods: National Standards 2014, of which Paragraph 12 states:

Creditors must not issue a warrant knowing that the debtor is not at the address, as a means of tracing the debtor at no cost.

The Law:

Criminal Procedure Rule 30.2 states:

Exercise of court’s powers

The court must not exercise its enforcement powers unless—

(a)the court officer has served on the defendant any collection order or other notice of—

(i)the obligation to pay,

(ii)the payment terms, and

(iii)how and where the defendant must pay; and

(b)the defendant has failed to comply with the payment terms.


Call the court and during the security check, provide your previous address. If they accept it as your address, it contradicts the evidence that the debtor hasn't been notified, indicating a breach of Rule 30.2 by the court. According to section 7 of the Interpretation Act 1978, this signifies that notice has not been officially served on you, prompting the court to cease enforcement actions.


Section 7 Interpretation Act 1978 states:

References to service by post

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.


Template email and text message: Notify the Court Service that the enforcement is in breach of CPR 30.2 and offer them the chance to withdraw the enforcement action.

Ensure to include proof of your change of address as evidence contradicting that you were not given notice. Capture a screenshot of the sent email and text message to the bailiff, noting the time they were sent, and use them as evidence.