Bailiff Fees: Penalty Charge Notice (PCN)
The fees that a bailiff/enforcement agent can charge when enforcing a warrant of control in relation to an unpaid penalty charge notice are outlined under the Taking Control of Goods (Fees) Regulations 2014. These regulations provide a strict three stage fee process as detailed below:
Compliance Fee: £75
Once a warrant of control has been issued, the local authority can pass instructions onto their contracted enforcement agency. Upon receipt of an instruction, the bailiff/enforcement agent must send a Notice of Enforcement giving the debtor a minimum of ‘seven clear days’ notice that a visit will take place to take control of goods.
A Compliance Fee of £75 is added to the debt at this stage. If payment in full or a payment proposal is not agreed during the strict time frame outlined in the Notice of Enforcement (referred to as the ‘Compliance Stage’ ) the account will be referred to an individual bailiff/enforcement agent and the fee as outlined below will also be applied to the debt.
Enforcement Fee: £235 (plus 7.5% of the value of the debt over £1,500)
If full payment or a payment arrangement is not set up by the end of the ‘compliance stage’ or if a payment arrangement is broken, the account may be passed to an individual bailiff/enforcement agent. At the time of the visit, an enforcement fee of £235 will also be added to the debt. It is important to note that if the enforcement agent is enforcing more than one Warrant of Control against the same debtor he may only charge one ‘enforcement stage’ fee. He cannot apply ‘multiple’ charges.
Sale Stage Fee: £110 (plus 7.5% of the value of the debt over £1,500)
This fee may be charged when a bailiff/enforcement agent attends the premises to take control of goods and subsequently makes preparations for the removal of goods. It is important to note that additional charges may be applied relating to the removal. These include storage charges and locksmith’s fees.
Can the bailiff/enforcement agent charge ‘multiple fees?
The simple answer is NO. Under Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 it provides that wherever practical, the enforcement company must ensure that all debts appearing on their records be enforced by the bailiff/enforcement agent at the same time and most importantly……if a personal visit is made to the individuals property, that only one ‘Enforcement Fee’ of £235 may be charged.
To clarify the position, if the enforcement agent is enforcing two warrants of control, a separate compliance fee of £75 is applicable for each account. However, if a personal visit is made to the property, then wherever practical, the enforcement company must ensure that all warrants appearing on their records should be enforced by the bailiff/enforcement agent at the same time and most importantly……only one Enforcement Fee of £235 may be charged.
Enforcement Fee of £235 and ‘vulnerable debtors’
Regulation 11 (above) and Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 are most important and have been put in place to protect individuals who may be vulnerable.
Regulation 12 makes provision to protect vulnerable individuals who may have been unable in the early stages to seek advice (from the local authority, magistrates court, debt counsellor/debt charity etc) about the debt. If a bailiff makes a personal visit (which incurs an enforcement fee of £235) and identifies the person who owes the debt as being ‘vulnerable’ this regulation provides that he should give the person a chance to seek advice prior to removal of goods. If he fails to do so the ‘enforcement fee’ of £235 is not recoverable.
The Taking Control of Goods (Fees) Regulations 2014 can be read here.
Commentary from Bailiff Advice Online
If you have any queries about the bailiff fees being charged (and in particular if the bailiff has attempted to charge ‘multiple fees’), you can email a question to Bailiff Advice by using our very popular Enquiry Form. Alternatively, you can contact us by phone. Please refer to our Contact Page for further details.
A simple overview of the new Taking Control of Goods Regulations 2013 including details of the bailiff fees that can be charged, the notices that must be given by the bailiff and items that are ‘exempt’ from being taken into control (by the bailiff) can be read here.