Paying a PCN direct to the council
Pay the "amount outstanding" online to their council, the enforcement power ends
The bailiff cannot take control of goods to recover fees. That does not mean you are not liable for them, the bailiff must apply for a separate enforcement power if he wants to recover them by taking control of goods.
The amount outstanding is the sum on the warrant of control.
There is one catch. If the bailiff has taken control of your goods, the amount outstanding then includes costs paid by the bailiff for taking your goods - "costs"
You can only recover fees taken, if the enforcement power had ended when the bailiff forced you to give the money under the pain of taking control of your goods.
It is the practice of many councils to prevent you paying online, or when you have, they either send a letter saying the money has been given to the bailiff company, or return your payment. This is merely effort to protect the commercial interests of the bailiff company, but it does not revive the enforcement power after it has ceased to be Exercisable.
The Law:
Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
2)The property in any goods ceases to be bound—
"Proceeds" is defined in paragraph 50(2) of Schedule 12 of the 2007 Act, which states:
Paragraph 37(1) of Schedule 12 of the 2007 Act states:
"amount outstanding" is defined in paragraph 50(3) of Schedule 12 of the 2007 Act, which states:
"Costs" is defined in Paragraph 62 of Schedule 12 of the 2007 Act, and states:
(2) The regulations may provide for recovery to be out of proceeds or otherwise.
(3) The amount recoverable under the regulations in any case is to be determined by or under the regulations.
(4) The regulations may in particular provide for the amount, if disputed, to be assessed in accordance with rules of court.
(5) "Enforcement-related services" means anything done under or in connection with an enforcement power, or in connection with obtaining an enforcement power, or any services used for the purposes of a provision of this Schedule or regulations under it.
"enforcement" is defined in Paragraph 62(1) of the 2007 Act, and says:
Paragraph 6(3)(a) of Schedule 12 of the 2007 Act mentions "proceeds of sale".
To obtain proceeds of sale, the enforcement agent must take control of goods to be sold to raise those proceeds.
Before he can sell the debtors goods, he must comply with one of the four methods for taking control of them provided in paragraph 13(1) of Schedule 12 of the 2007 Act, which states::
Nothing says "fees" form part of the "amount outstanding" unless the bailiff has taken control of goods, and only then, they are recoverable from "proceeds" of enforcement
HM Government confirmed this fact in its publication in 2014 called the Taking Control of Goods: National Standards which has been published online.Official Guidelines:
Paragraph 31 of the 2014 guidelines state:
You must give the bailiff a notice telling them the amount outstanding has been paid to the council.
Otherwise the bailiff is not liable if he takes an enforcement step..The Law:
Paragraph 59(2) of Schedule 12 of the 2007 Act states:
Template email and text message to give notice to the bailiff company and the bailiff the council has been paid.
The council might send you a letter, saying a "warrant is still live" and the money has been given to the bailiffs, or they return your money.
This is an effort to protect the financial interests of the commercial bailiff company. It does not revive the enforcement power.The Law:
If a bailiff takes an enforcement step, then you can bring an action for breach of Paragraph 6(3) of the 2007 Act under Paragraph 66, which states:
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—