Disputing Bailiffs Fees: Detailed Assessment

This applies to council tax, traffic debts, and fines from magistrates' court.


Applies to Council tax, traffic debts and magistrates' court fines.

For debts under the jurisdiction of the High Court, refer to the High Court detailed assessment procedure.

The creditor usually covers the expenses of both the application and the assessment hearing.


If both the following applies, then make a claim for damages instead.

A bailiff clamped or towed your vehicle due to a traffic debt from your former residence.

Money was taken to recover the vehicle.

You can have a detailed assessment hearing if:

The fees levied surpass the prescribed maximum.

There is an error in calculating the percentage fee.

The bailiff multiplied the enforcement stage fee of £235 by the number of simultaneous warrants and liability orders.

Disbursements related to storing controlled goods (e.g., Newlyn and A1 Environmental Ltd) were not paid by the bailiff.

Fees or charges were collected after the termination of the enforcement power.

The debtor qualifies as a vulnerable individual

Exceptional disbursements were imposed by the bailiff without seeking court approval.

An enforcement stage fee was applied erroneously where it does not pertain.

The warrant is addressed to a previous residence following your recent relocation.

Gather the following evidence (where applicable)

Documentation confirming the money demanded.

Documentation validating the money taken.

Documentation indicating the date when the money was requested or collected (for interest calculation purposes).

Choose the reasons why the fee or fees are not owed.

If relevant, provide evidence of the debtor's vulnerable status.

If relevant, provide evidence that the address on the warrant or liability order is incorrect.

If your vehicle has been clamped or towed due to an outstanding debt, and the warrant is a defective instrtument, for example itr states your previous address, the enforcement becomes void, and the bailiff cannot recover any fees. Alongside a Detailed Assessment application, it is advisable to include a request for an order for the return of the vehicle taken under the defective warrant, and seek damages for its unlawful deprivation.



Schedule of enforcement fees

Table 1 of the Schedule of the Taking Control of Goods (Fees) Regulations 2014

    £75 - Compliance Stage Fee
    £235 - 1st Enforcement Stage Fee plus 7.5% of sum to be recovered exceeding £1500
    £110 - Sale Stage Fee plus 7.5% of sum to be recovered exceeding £1500

    If the bailiff has removed goods, the costs incurred for their transportation and auctioning are taken from the proceeds of the sale.


When each fee stage applies

    Compliance Stage Fee: Levied upon instruction of the enforcement agent.
    Enforcement Stage Fee: Charged for the enforcement agent's attendance.
    Sale Stage Fee: Incurred when the bailiff starts to remove controlled goods.

The Law:

Regulation 5 of Taking Control of Goods (Fees) Regulations 2014

Stages of enforcement for which fees may be recovered – enforcement other than under High Court writs

5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—

(a) the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage;

(b) the enforcement stage, which comprises all activities relating to enforcement from the first attendance at the premises in relation to the instructions up to but not including the commencement of the sale or disposal stage;

(c) the sale or disposal stage, which comprises all activities relating to enforcement from the first attendance at the property for the purpose of transporting goods to the place of sale, or from commencing preparation for sale if the sale is to be held on the premises, until the completion of the sale or disposal (including application of the proceeds and provision of the information required by regulation 14).

(2) Where the goods against which enforcement is sought are securities, the sale or disposal stage commences with the provision of a notice of disposal in accordance with paragraph 49(2) of Schedule 12.

Percentage fee

Regulation 7 of the Taking Control of Goods (Fees) Regulations 2014 states:

The percentage fee or fees are to be calculated—

(a)where enforcement takes place other than under a High Court writ, by multiplying the amount of the sum to be recovered which exceeds £1500 by the percentage indicated in the relevant column of table 1 in the Schedule;

(b)where enforcement takes place under a High Court writ, by multiplying the amount of the sum to be recovered which exceeds £1000 by the percentage indicated in the relevant column of table 2 in the Schedule;

(c)in either case, in the total amount of the fee so calculated, any fraction of £1 is to be reckoned as £1, but any fraction of a penny is to be disregarded.

Disputing disbursements claimed

Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 states:

Disbursements recoverable from the debtor

(1) The enforcement agent may recover disbursements from the debtor only in accordance with this regulation and regulations 9, 10 and 11.

(2) The following disbursements are recoverable provided that they are reasonably and actually incurred—

(a)the cost of storing goods which have been taken into control and removed from the premises or highway;

(b)the cost of hiring a locksmith to gain access to premises when using reasonable force to enter them in accordance with Schedule 12, and to secure them thereafter;

(c)court fees in relation to any applications made by the enforcement agent in relation to the enforcement power which are granted.

(3) The disbursements referred to in this regulation and regulations 9 and 10 may be recovered out of proceeds.

Regulation 9 of the Taking Control of Goods (Fees) Regulations 2014 states:

Disbursements recoverable from the debtor in relation to sale of goods by auction or by private sale

(1) The enforcement agent may recover disbursements related to the sale of the goods from the debtor in accordance with this regulation and regulations 10 and 11.

(2) Where the sale is held on premises provided by the auctioneer conducting the sale, the enforcement agent may recover from the debtor—

(a)a sum in respect of the auctioneer’s commission not exceeding 15% of the sum realised by the sale of the goods;

(b)the auctioneer’s out of pocket expenses; and

(c)reasonable disbursements incurred in respect of advertising the sale.

(3) Where the sale is held on other premises in accordance with regulations made under paragraph 43 of Schedule 12, the enforcement agent may recover from the debtor the sums and disbursements referred to in paragraph (2), except that the sum referred to in paragraph (2)(a) may not exceed 7.5% of the sum realised by the sale of the goods.

(4) Where the goods are—

(a)auctioned by way of an internet auction site; or

(b)sold other than by auction,

the enforcement agent may recover from the debtor 7.5% of the sum realised by the sale of the goods.

Regulation 10 of the Taking Control of Goods (Fees) Regulations 2014 states:

Exceptional disbursements

(1) Upon application by the enforcement agent with the consent of the creditor in accordance with rules of court, the court may order that the enforcement agent may recover from the debtor exceptional disbursements associated with the use of the Schedule 12 procedure which are not otherwise recoverable under these Regulations.

(2) The court may not make an order under paragraph (1) unless satisfied that the disbursements to which it relates are necessary for effective enforcement of the sum to be recovered, having regard to all the circumstances including—

(a)the amount of that sum; and

(b)the nature and value of the goods which have been taken into control, or which it is sought to take into control.

Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 states:

Disputes about the amount of fees and disbursements recoverable under regulations

Upon application in accordance with rules of court, any dispute regarding the amount recoverable under these Regulations is to be determined by the court.

Multiple enforcement powers

Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 states:

More than one enforcement power available against the same debtor

(1) This regulation applies for the purpose of calculating the fees and disbursements payable to the enforcement agent in accordance with regulations 4, 8, 9 and 10 in a case where—

(a)the enforcement agent receives instructions to use the procedure under Schedule 12 in relation to the same debtor but in respect of more than one enforcement power; and

(b)those enforcement powers can reasonably be exercised at the same time.

(2) In paragraph (1)(b), "can reasonably be exercised at the same time" means in particular—

(a)taking control of goods in relation to all such enforcement powers on the same occasion; and

(b)selling or disposing of all goods so taken into control on the same occasion,

except where it is impracticable to do so.

(3) The enforcement agent may recover the compliance stage fee in respect of each enforcement power to which the instructions relate.

(4) Where paragraph (1) applies, the fee recoverable in respect of the enforcement stage (or stages) and the sale or disposal stage respectively is to be calculated as follows—

(a)the fixed fee for each stage may be recovered only once regardless of the number of enforcement powers to which the instructions relate;

(b)the amount in relation to which the percentage fee for each stage, if any, is to be calculated is the total amount of the sums to be recovered under all enforcement powers to which paragraph (1) applies.

(5) Where this regulation applies, the enforcement agent must, as far as practicable, minimise the disbursements recoverable from the debtor under these Regulations by dealing with the goods taken into control pursuant to the instructions together and on as few occasions as possible.

Vulnerable debtors

Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 states:

Recovery of fees from vulnerable debtors

Where the debtor is a vulnerable person, the fee or fees due for the enforcement stage (or, where regulation 6 applies, the first, or first and second, enforcement stages as appropriate) and any disbursements related to that stage (or stages) are not recoverable unless the enforcement agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.

See Vulnerable people

Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states:

Application of these Regulations

These Regulations apply when an enforcement agent uses the Schedule 12 procedure.

Civil Procedure Rule 84.16 states:

Disputes about the amount of fees or disbursements recoverable under the Fees Regulations

(1) This rule applies where—

(a)there is a dispute about the amount of fees or disbursements, other than exceptional disbursements, recoverable under the Fees Regulations; and

(b)a party wishes the court to assess the amounts recoverable under regulation 16 of the Fees Regulations.

(2) A party may make an application to the court to assess the amounts.

(3) The application must be accompanied by—

(a) evidence of the amount of fees or disbursements in dispute;

(b) evidence that the fees or disbursements in dispute were not applicable, as the debt had been settled before the stage where it would have been necessary to incur those fees or expenses;

(c) evidence that, because the enforcement agent was instructed to use the TCG procedure in relation to the same debtor but in respect of more than one enforcement power where the enforcement powers could reasonably be exercised at the same time, regulation 11 of the Fees Regulations should have been applied;

(d) evidence that the fee due and any disbursements for the enforcement stage, first enforcement stage, or first and second enforcement stage, as appropriate, are not recoverable under regulation 12 of the Fees Regulations; or

(e) where the dispute concerns the amount of the percentage fee, calculated in accordance with regulation 7 of the Fees Regulations, evidence of the amount of the sum to be recovered.