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, Congestion Charge, Dart Charge or Merseyflow toll are outlined under the Taking Control of Goods (Fees) Regulations 2014. These regulations  provide a  strict three stage fee process as outlined below.

It is important to stress that with bailiff enforcement to recover an unpaid Penalty Charge Notice, the most common item for a bailiff to seize will be your motor vehicle. The reason for this is quite simple. The Warrant of Control has upon it….the registration number of the vehicle involved in the original contravention. If this same vehicle is parked on your drive or outside of your property, it will very likely be immobilised. Unfortunately,  when enforcing an unpaid PCN, it is common for vehicles to also be detected using the enforcement agents ANPR technology located in his vehicle.

Compliance Fee: £75

When a Warrant of Control is passed to an enforcement company for an unpaid  Penalty Charge Notice, they must send you a Notice of Enforcement. A Compliance Fee of £75 is added to the debt at this stage. This notice must give you  ‘seven clear days’ (excluding Sunday and bank holidays) to either make payment in full or alternatively; to set up a payment arrangement. This period of time is referred to as the ‘Compliance Stage’.

Enforcement Fee: £235 (plus 7.5% of the value of the debt over £1,500)

If either full payment or a payment arrangement is not set up by the date and time outlined in the Notice of Enforcement, an enforcement agent will make a personal visit to your home. At the time of the visit (and not before),  an enforcement fee of £235 will be added to the debt. If the enforcement agent is enforcing more than one Penalty Charge Notice, he should only charge one ‘enforcement stage’ fee of £235. He cannot apply ‘multiple’ charges.

Sale Stage Fee:£110 (plus 7.5% of the value of the debt over £1,500)

For the Sale Stage fee of £110 to apply, the enforcement agent would need to have identified goods (usually a motor vehicle)  that may be removed and to have made preparations for  the removal of those goods. This fee should not be charged for merely clamping of a vehicle. It is charged if a vehicle is actually removed to the enforcement agents pound. If this were to happen, additional charges may also be applied for storage and locksmith fees. Legislation does not state the actual amount that can be charged for storage with amounts varying from approx. £20 per day to £45 per day.

Can the bailiff/enforcement agent charge ‘multiple’ fees?

The simple answer is NO.  Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 provides that the  enforcement company should ensure that wherever practical,  all debts appearing on their records  should be enforced by the bailiff at the same time.  Consequently…..only one Enforcement Fee of £235 may be charged. If an enforcement agent has charged ‘multiple fees’, please do let us know as this could be grounds for a complaint to be made to the enforcement company.

Enforcement Fee of £235 and ‘vulnerable debtors’

Regulation 11 (above)  and Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 are of importance and were put in place to provide protection for  individuals who may be vulnerable.

Regulation 12 protects vulnerable debtors 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 debtor as ‘vulnerable’, he should give that person  a chance to seek advice before removing  goods. If he fails to do so, the ‘enforcement fee’ of £235 is not recoverable.

Commentary from Bailiff Advice Online

If you have any queries about the bailiff fees being charged (and in particular if the bailiff attempts to charge ‘multiple fees’), you can email a question to Bailiff Advice Online using our online Enquiry Form. Alternatively, you can contact our free helpline. Please refer to our Contact Page  for further details.

A simple overview of the new Taking Control of Goods Regulations 2013 can be read here.