A couple of weeks ago I started a STICKY about the enforcement of unpaid Magistrate Court FINES and the changes that have been made under the new bailiff regulations introduced on 6th April. In brief, prior to the new regulations on 6th April the enforcement of court FINES was outlined under section 76.1 of the Magistrates Court Act 1980. A significant change was that on 6th April section 76.1 was amended by Section 46 of Schedule 13 of the Tribunal Courts and Enforcement Act 2007. Most importantly, the new section 46 confirms that the "amount outstanding" includes the amount to which the warrant had been issued and the enforcement agents fees as outlined in the new regulations (£75 Compliance Fee and £235 Enforcement Fee). The warrant of control (previously known as a warrant of distress) will not be satisfied unless the 'amount outstanding' (which includes fees as outlined above) is paid. Under the new regulations it provides that from any 'part payment' made (either to the court, paid on-line, or paid to the enforcement company or agent) the 'Compliance fee of £75 must first be deducted and the balance split on a 'pro rata' basis. An example of how the payments are 'split' is shown below. Unfortunately two months after the new regulations took effect, some internet sites are continuing to wronlgy advise debtors to pay the amount only of the court fine in CASH into a 'drop box' (ATM type machine) located in the court foyer and that 'apparently' this will avoid the debtor paying enforcement agent (bailiff) fees. This information is incorrect given that the new regulations specifically provide that all proceeds (including money) must be 'split' on a pro rata' basis. This means that the warrant will only be satisfied when the 'amount outstading' (which includes enforcement agent fees) is paid in full