Our Fees and Charges
Marston Group's fees and charges are set at reasonable and fair rates to cover the costs of our services.
Please note that:
- all distress warrants issued on behalf of Her Majesty's Courts Service will incur an administration fee
- an attendance fee will apply once an enforcement agent has attended the premises - even if no enforcement or contact was made
- the cost of recovering the debt is payable by the debtor
Schedule of HMCS Fees, Charges & Costs
Our fees for the enforcement of a distress warrant from 1st Jan 2012:
| £ | |
|---|---|
| Compliance fee applied to every case. | £85 |
| Attendance fee applied once an enforcement agent has attended the premises, including where no action is taken or no contact is made. | £215 |
| Total | £300 |
| Additional charges (due if incurred) | |
|---|---|
| Clamping order fee | £205 |
| Vehicle removal: | |
| - standard vehicle (including large van) | £200 |
| - heavy goods vehicle | £200 |
| - storage charge per day | £20 |
| Other removal costs: | |
| - non-vehicle storage charge per day | £6 |
| - delivery to auctioneer if not redeemed | £150 |
| - auctioneers costs | 15% |
| Transaction administration charges: | |
| - dishonoured cheque | £37 |
| - credit card charge | 3% |
| - debit card charge | £1 |
TMA Fees and Charges
Traffic Management Act 2004
The Road Traffic Act 1991 (RTA) introduced the civil enforcement system and established the Penalty Charge Notice (PCN) to replace the police Fixed Penalty Notice (FPN). The "Charge" is the penalty that is applied if a contravention takes place (i.e. if you park "illegally" or if you enter the Congestion Charge Zone or a bus lane during restricted times or contravene specific traffic regulations such as "enter a box junction").
The RTA has now been superceded by the Traffic Management Act 2004 (TMA).
There is a range of "Charge" bands (prices) that are available for local authorities to use - from £40 to £120.
If the Penalty Charge is paid within 14 days of the date of issue then the local authority will accept 50% of the value of the PCN in full and final settlement.
If the Penalty Charge is not paid within 28 days after the issue of the Notice to Owner (approximately 31 days after issue of the PCN) then the debt increases by 50%.
The table below shows the amount of the debt from issue of PCN through to registration of the unpaid debt by the local authority at the County Court (TEC).
| Penalty Charge [100%] | Discounted amount [50%] (if paid within 14 days of issue of PCN) | With surcharge [150%] (if not paid within 28 days after issue of Notice to Owner) | Debt registration fee (£7 to Court) | Total amount due to creditor (local authority) i.e. "the Debt" |
|---|---|---|---|---|
| 40 | 20 | 60 | 7 | 65 |
| 50 | 25 | 75 | 7 | 80 |
| 60 | 30 | 90 | 7 | 95 |
| 70 | 35 | 105 | 7 | 95 |
| 80 | 40 | 120 | 7 | 125 |
| 100 | 50 | 150 | 7 | 155 |
| 120 | 60 | 180 | 7 | 185 |
Please note, all fees are in GBP.
As can be seen from the above, the total amount due to the creditor (local authority) is the amount that Marston Group is instructed to recover from the debtor. If the debt is not paid immediately after the Notice of Debt Registration is sent to the debtor, the court will issue a warrant for execution by an enforcement agency. The warrant instructs the enforcement agent to seize goods to the value of the debt and recover the fees and charges incurred.
Once the case is passed to the enforcement agent (bailiff), the local authority will not normally intervene in the process.
How much will I have to pay?
The cost of recovering the debt is charged to the debtor (the local authority pay nothing for the service). This cost consists of fees and charges.
Fees are set down by law in The Enforcement of Road Traffic Debts (Certificated Bailiff) Regulations 1993 as amended by Statutory Instrument 2003 No. 1857 (L.31).
Charges are set by agreement with the local authority in order to cover the costs incurred by the enforcement agency. These charges must be "reasonable" and can be "taxed" by the court if challenged.
It should be noted that the fees and charges have to cover the cost of attempted recovery (from those who don't pay) as well as successful recovery from those who do pay. As a result the fees and charges have to take account of costs incurred by the enforcement agent (bailiff) in abortive work.
The Process
On receiving a warrant, we send a letter to the debtor explaining that the debt has been passed to Marston Group for collection and inviting payment with seven days. The fee for sending this letter (£11.20 + VAT) is added to the debt outstanding to be paid by the debtor.
If no payment is received or contact made, the case is assigned to an enforcement agent (bailiff) who, in order to execute the warrant, will Attend the property to Remove Goods (Attendance to Remove - ATR) to the value of the debt and outstanding fees and charges. This action will incur a levy (visit) fee and an ATR charge - whether goods are removed or not.
If no contact is made, the enforcement agent (bailiff) will leave a letter to say he/she has called, with details of the outstanding amount (including the fees and charges incurred on that visit) and a contact number.
If the debtor fails to contact the enforcement agent, the agent will call again until he/she is able to execute the warrant/collect the outstanding debt and charges/seize goods/confirm that it is not possible to recover the debt. (The fees and charges for each Attendance and any action taken are added to the letter fee and to the original debt. VAT is calculated on the total charges incurred.)
If no contact is made, Marston Group will then attempt to trace the debtor in order to execute the warrant. As the debtor has clearly failed to notify the authorities of their change of address, any reasonable costs incurred in tracing the debtor will be charged to the debtor and added to the debt.
Marston Group may also use further legal remedies if enforcement action is unsuccessful. If goods are seized and/or removed the cost of doing this will be added to the debt and fees and charges already incurred. Examples of these costs are detailed below.
Please note:
The fees and charges are added to the original debt and are cumulative. They are added by Marston Group to cover the costs of recovering the debt on behalf of the local authority. At each subsequent stage, the fees and any charges such as ATR incurred at the earlier stage(s) stand and the latest fee/charge is added. VAT is then recalculated on the total fees and costs as detailed below.
Abortive fees:
If payment is offered following the request for or commencement of a removal, an abortive removal charge (up to a maximum below) will be applied.
Fees
Where the outstanding amount (debt and fees):
- is less than £100, the fee is £28
- exceeds £100, the fee is 28% of the outstanding amount
- exceeds £200 the fee is £56 plus 5.5% of the outstanding amount over £200
Charges are shown in the table below.
| Schedule of Non Statutory Charges (due if incurred) | |
|---|---|
| Description | Maximum Charge £ |
| Credit card handling charge | 3% |
| Debit card handling charge | £1.00 |
| Tracing | Up to £40.00 |
| Attendance to remove goods (ATR) | Up to £175.00 |
| Removal of vehicle (up to and including large van) | Up to £150.00 |
| Removal of vehicle (heavy goods vehicle) | Up to £175.00 |
| Removal of vehicle (cancelled tow truck) | Up to £100.00 |
| Storage of vehicle (per day) | £20.00 |
Commercial Services Charges
Below are the statutory fees applicable to our service:
1. For levying distress:
| where the sum demanded and due does not exceed £100 | £21.65 | |
| where the sum demanded and due exceeds £100 | On the first £100 of that debt | £21.65 |
| On the next £100 | 12.5 % | |
| On the next £400 | 4% | |
| On the next £1,500 | 2.5% | |
| On the next £8,000 | 1% | |
| and any additional sum | 0.25% |
2. For attending to levy distress where the levy is not made, the reasonable costs and charges for attending to the levy, not exceeding the fees which have been under paragraph 1, if the distress has been levied; the costs are subject to detailed assessment.
3. For taking possession:
- where a person is left in physical possession £7.80 per day
- where a walking possession is taken £0.80 per day
Please note: the charge for walking possession is payable only if a walking possession agreement has been concluded.
4. For appraisal, at the request in writing of the tenant, the reasonable fees, charges and expenses of the broker, subject to details assessment.
5. Initial visit to a property £375 + VAT
Please note reasonable costs and charges will be applied to subsequent visits and subject to detailed assessment.
6. For Sale:
- where the sale is held on the auctioneer's premises, for commission to the auctioneer, an inclusive charge to include all out-of-pocket expenses of 15% on the sum realised, and the reasonable cost of advertising, removal and storage
- where the sale is held on the debtor's premises, for commission to the auctioneer, in addition to out-of-pocket expenses actually and reasonably incurred, 7.5% on the sum realised
7. Reasonable fees, charges and expenses where distress is withdrawn or where no sale takes place and for negotiation between landlord and tenant respecting the distress, subject to detailed assessment.
8. For the purpose of calculating any percentage charges a fraction of £1 is to be reckoned as £1, but any fraction of a penny in the total amount of the fee so calculated is to be disregarded.
9. In addition to any amount authorised by the table shown above in respect of the supply of goods or services on which value added tax is chargeable there may be added a sum equivalent to value added tax at the appropriate rate on that amount.
A person left in possession must provide his own board in every case.
The possession fee is payable in respect of the day on which the distress levied, but a fee for physical possession must be charged where a walking possession agreement is signed at the time when the distress is levied.
Additional costs, for which you may be liable, will be incurred under the scales of fees above in the event of further action being taken.
The fees, charges and expenses in connection with this seizure may be taxed (Detailed Assessment) on application to the local county court in the event of any dispute.
Fees Chargeable by High Court Enforcement Officers
The fees chargeable by High Court Enforcement Officers on execution of writs are as follows: (Value Added Tax, if payable, may be added to the fees specified)
Fees chargeable on execution of writs of fieri facias
-
Percentage of amount recovered
For executing a writ of fieri facias, the following percentages of the amount recovered:
a) on the first £100 - 5 per centb) above £100 - 2.5 per cent
-
Mileage
Mileage from the enforcement officer's business address to the place of execution and return, in respect of one journey to seize goods and, if appropriate, one journey to remove the goods. 29.2 pence per mile, up to a maximum of £50.00 in total
-
Seizure of goods
For each building or place at which goods are seized £2.00
-
Making enquiries or dealing with claims for rent or to the goods
(1)For making enquiries as to claims for rent or to goods, including giving notice to parties of any such claims a sum not exceeding £2.00
(2) For all expenses actually and reasonably incurred in relation to such work including any postage, telephone, fax and e-mail charge a further sum not exceeding £2.00
-
Taking possession, removal and storage of goods
(1) Where a person is left in physical possession of goods seized £3.00 per person per day
(2) Where an enforcement officer takes walking possession under a walking possession agreement in the form set out in Schedule 4 to these Regulations
£0.25 per day Fees 5.(1) and 5.(2) are payable in respect of the day on which execution is levied.
Fee 5.(1) may not be charged where a walking possession agreement is signed at the time of levy.
Fees 5.(1) and 5.(2) may not be charged after the goods have been removed.
(3) For:
(a) the removal of goods
(b) the storage of goods which have been removed
(c) where animals have been seized, their upkeep while in the custody of the enforcement officer, whether before or after removal the sums actually and reasonably paid
-
Sale of goods by auction
(1) To cover the auctioneer's commission and expenses, where goods are sold by auction or work has been done with a view to sale by auction:
(a) when goods are sold by auction on the auctioneer's premises, the following percentages of the sum realised -
(i) on the first £100 - 15 per cent
(ii) on the next £900 - 12.5 per cent
(iii) above £1,000 - 10 per cent
(b) when goods are sold by auction on the debtor's premises, 7.5 per cent of the sum realised plus expenses actually and reasonably incurred.
(2) When no sale takes place either by auction or private contract, but work has been done by the auctioneer or enforcement officer in preparing for a sale by auction, including the preparation of a detailed inventory of the goods seized:
(a) if the goods have been removed to the auctioneer's premises, 10 per cent of the value of the goods
(b) if the goods have not been removed from the debtor's premises, 5 per cent of the value of the goods plus expenses actually and reasonably incurred.
-
Sale of goods by private contract
Where an enforcement officer sells goods by private contract -
(a) the following percentages of the proceeds of sale -
(i) on the first £100 - 7.5 per cent
(ii) on the next £900 - 6.25 per cent
(iii) above £1,000 - 5 per cent
(b) when work has been done in preparing for a sale by auction, including the preparation of a detailed inventory of the goods seized, an additional sum not exceeding 2.5 per cent of the value of the goods plus expenses actually and reasonably incurred.
Fees chargeable on executing writs of possession or delivery
-
Mileage
Mileage from the enforcement officer's business address to the place of execution and return, in respect of one journey 29.2 pence per mile, up to a maximum of £25.00 in total
-
Writs of possession
(1) Where an enforcement officer executes a writ of possession of domestic property within the meaning of section 66 of the Local Government Finance Act 1988(1), 3 per cent of the net annual value for rating shown in the valuation list in force immediately before 1st April 1990 in respect of the property seized, subject to paragraph (3).
(2) Where an enforcement officer executes a writ of possession to which paragraph (1) does not apply, 0.4 per cent of the net annual value for rating of the property seized, subject to paragraph (4).
(3) For the purposes of paragraph (1), where the property does not consist of one or more hereditament which, immediately before 1st April 1990 -
(a) had a separate net annual value for rating shown on the valuation list then in force and
(b) was domestic property within the meaning of section 66 of the Local Government Finance Act 1988, the property or such part of it as does not so consist shall be taken to have had such a value for rating equal to two-fifteenths of its value by the year when seized.
(4) For the purposes of paragraph (2), where the property does not consist of one or more hereditaments having a separate net annual value for rating, the property or such part of it as does not so consist shall be taken to have such a value equal to its value by the year when seized.
-
Writs of delivery
For executing a writ of delivery, 4 per cent of the value of the goods as stated in the writ or judgment.
-
Copies of returns
For a copy of any return endorsed by the enforcement officer on a writ of execution £5.00
-
Miscellaneous
For any matter not otherwise provided for, such sum as a Master, district judge or costs judge may allow upon application.
Council Tax
Statutory Fees
| Description | Fee |
|---|---|
| First visit | £24-50 |
| Second visit | £18.00 |
Schedule of Statutory Fees
| Levy | Fee |
|---|---|
| Where the sum due at the time of levy does not exceed £100 | £24.50 |
| Where the sum due at the time of levy exceeds | £100 |
| First £100-00 | 24.50% |
| Next £400-00 | 4% |
| Next £1,500 | 2.5% |
| Next £8,000 | 1% |
| Any additional sum | 0.25% |
| Schedule of Non Statutory Charges (due if incurred) |
|
|---|---|
| Description | Maximum Charge £ |
| Credit card handling charge | 3% |
| Debit card handling charge | £1.00 |
| HPI vehicle check | Up to £30.00 |
| Tracing | Up to £40.00 |
| Attendance to remove goods (ATR or Van fee) | Up to £175.00 |
| Removal of vehicle (up to and including large van) | Up to £150.00 |
| Removal of vehicle (heavy goods vehicle) | Up to £175.00 |
| Removal of vehicle (cancelled tow truck) | Up to £100.00 |
| Storage of vehicle (per day) | £20.00 |
