Dealing with Bailiffs

Challenging Overcharging and Unlawful Enforcement Costs

Key Takeaways

  • The Compliance Stage fee is fixed at £75 per Warrant of Control and cannot be multiplied unlawfully by deploying multiple bailiffs.
  • The Enforcement Stage fee of £235 may only be charged once per address or highway enforcement, regardless of how many warrants are being enforced concurrently.
  • The Sale Stage fee of £110 is only lawful where goods are removed and taken to a place of sale. Clamping alone does not justify this fee.
  • Fee overcharging is significantly more common in High Court enforcement than in the enforcement of traffic or council tax debts.
  • Improperly charged fees can be challenged by applying for a detailed assessment under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 and CPR 84.16.
  • Bailiffs must comply strictly with Tables 1 and 2 of the Schedule to the 2014 Fees Regulations. Disbursements outside this framework are not automatically recoverable.
  • To challenge fees, retain evidence of all bailiff contact, money demanded or taken, vehicle movements, and fee schedules, and request a full itemised breakdown in writing.

Overview of Bailiff Fee Structure

Bailiff fees are regulated by the Taking Control of Goods (Fees) Regulations 2014, which establish a fixed three-stage structure applicable to enforcement under a Warrant or Writ of Control. These are non-negotiable and must be applied strictly in accordance with the statutory schedule.

Compliance Stage Fee

The Compliance Stage fee is fixed at £75 and becomes payable upon the issue of a Notice of Enforcement. This fee is chargeable per warrant, but enforcement companies sometimes abuse the process by instructing multiple bailiffs to enforce separate warrants simultaneously, thereby seeking to multiply the fee. There is no legal basis for this practice, and Regulation 7 prohibits fee duplication where enforcement is consolidated.

Enforcement Stage Fee

The Enforcement Stage fee is £235, charged once when the bailiff first attends the enforcement address or takes control of goods on the highway, such as clamping a vehicle. This fee is not repeatable across multiple visits or warrants where enforcement is concurrent. Any attempt to do so is likely to be unlawful and should be challenged.

Sale Stage Fee

The Sale Stage fee is £110, recoverable only when goods are removed and taken to the place of sale. Importantly, where a vehicle is clamped but not removed, the conditions for the Sale Stage fee are not met. A clamp alone does not constitute removal to the place of sale. Yet, it is common for enforcement companies to charge this fee improperly following a clamp, particularly in the enforcement of High Court writs. This form of fee overcharging is significantly more prevalent in High Court enforcement than in traffic debts or council tax enforcement.

Limits on Additional Charges

All fees must comply with Tables 1 and 2 of the Schedule to the 2014 Regulations. Bailiffs are not entitled to add further charges unless those charges fall within the limited category of recoverable disbursements. Even then, such disbursements must be both reasonable and necessary. Storage fees, locksmith charges and multiple attendances must be scrutinised carefully and will not be allowed automatically.

Challenging Unlawful Fees

Where any doubt arises as to the legitimacy of the fees imposed, Regulation 16 permits an application for detailed assessment. Under Civil Procedure Rule 84.16, the court has authority to review each fee and determine whether it was lawfully charged. If fees are found to be excessive or improperly imposed, they must be removed. You may also recover any consequential loss or legal expense arising from the improper enforcement.

Protecting Your Position

To safeguard your position, you should request a full fee breakdown in writing, collect any GPS data from your vehicle, and document all contact with the bailiff. If overcharging is apparent, a detailed assessment application supported by this evidence can often secure repayment and discourage future abuse.

Remedies

  • If you believe bailiffs have charged excessive or unauthorised fees, you can ask the court to assess them under paragraph 16 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
  • Assessment is done by the court that issued the enforcement power.
  • Applications must be made promptly and within a reasonable time, using Form N244 and including evidence of the disputed charges.
  • The court has power to reduce or disallow fees not lawfully recoverable, and may also award costs if the charges were unjustified.
  • If you are vulnerable or receiving benefits, mention this in your application to request fee remission and explain the impact of the enforcement.

It would be sensible at this stage to review the notice of enforcement, any fee schedules received, and the timeline of visits or contact. Gathering these documents and assessing whether any charges fall outside the statutory framework will clarify your position. If the vehicle was clamped or removed, check whether it was ever relocated to a place of sale, as this directly affects whether the Sale Stage fee is recoverable. Where there is doubt about compliance or overcharging, preparing a short chronology supported by available evidence will allow for swift escalation through the correct legal channels. This step can often make the difference between prolonged uncertainty and decisive resolution.