Means Enquiry Form (MC100)
If you receive a summons or Single Justice Procedure notice in relation to Magistrate Court proceedings, you should also find attached a Form MC100 Statement of Means and other Financial Services (commonly called a Means Enquiry Form). Everyone who is prosecuted for an offence must complete the MC 100. We cannot emphasis enough the importance of completing the Means Enquiry form. This is particularly important if you are in receipt of benefits or a low income.
The information provided on the Statement of Means (MC100) will be used by the Magistrates when setting the amount of the fine.
Relevant Weekly Income (RWI)
The amount of the fine is calculated by the court as a percentage of your “relevant weekly income” (RWI). The court will use the information provided by you on the MC100 Statement of Means form. If your only income is state benefits, the court “assume” that your income (RWI) is £120 per week. And consequently, the fine will be set at an affordable figure.
If you fail to submit the Statement of Means, the court will assume that your RWI is £440 per week. Consequently, the Magistrate will set the level of fine at a much higher rate.
I have not been Means Tested.
We receive many enquiries on this subject. If your fine has been set at a level higher than it should be (because you had failed to complete the Statement of Means) you cannot submit a Section 14 Statutory Declaration.
If for one reason or another you decide not to complete the Means Enquiry form, the Fines Officer will assume that your ‘relevant weekly income’ is £440 per week. Legislation does allow the court to review the level of fine imposed. Once a warrant has been issued, such applications are very difficult to get accepted by the Magistrates Court.
Note from Bailiff Advice.
If you have any concerns about the Means Enquiry Form or about the enforcement of a Warrant of Control in relation to a court fine, (including getting a payment proposal accepted), you can email a question to us using our popular Question page. Alternatively, you can contact us by phone. Details are on our Contact page.
PS: An overview of the Taking Control of Goods Regulations 2013 can be read here.