Means Enquiry Form (MC100)
With the summons or Single Justice Procedure notice, you should also find attached a Form MC100 Statement of Means and other Financial Services (commonly called a Means Enquiry Form). This form asks for details of your income and other assets and every defendant who is prosecuted for an offence must complete the MC 100. We cannot emphasis enough the importance of completing this form (and in particular, if you are in receipt of benefits or in receipt of a low income.
The information provided on the Statement of Means (MC100) will be used by the Magistrates when setting the level of the fine. The form is very simple indeed to complete and in almost all cases, the court will only take into consideration the income the defendants income.
Relevant Weekly Income (RWI)
The amount of the fine will be calculated by the court as being a percentage of a defendant’s “relevant weekly income” (RWI). This is calculated by the court using the information provided on the MC100 Statement of Means form. If your only income consists of state benefits, the court “assume” that the “relevant weekly income” (RWI) is £120 per week and the fine will be set at a more affordable figure.
In you fail to submit the MC100 Statement of Means, then the court can assume that your ‘relevant weekly income’ is £440 per week and the fine will be set at a percentage of this.
I have not been Means Tested.
We receive so many enquiries from individuals stating that they had not been ‘means tested’ by the Magistrates Court and enquiring whether or not they can complete a Statutory Declaration. The simple answer is that no, a statutory declaration cannot be submitted on these grounds.
As outlined above, when the summons or Single Justice Procedure notice is sent by the court there will also be an additional form MC100 Means Enquiry Form (MC100). If for one reason or another a defendant decides not to complete the MC100 form, then the Fines Officer is allowed by law to assume that their income of £440 per week. Whilst there is provision in law to allow the court to review the level of fine imposed, it is sadly the case that once a warrant of control has been issued, such applications are very difficult indeed to get accepted by the Magistrates Court.
Note from Bailiff Advice.
If you have any concerns about the Means Enquiry 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.