Magistrates’ court fines: what happens if you cannot pay
Court fines are a priority debt with strong enforcement powers behind them. But the fines office can change what you pay if you tell it the truth about your money.
Applies to: England & Wales
What to do now
- Contact the fines office named on your notice now, with a budget from the budget calculator.
- Ask for more time or lower instalments, and keep proof of what you send.
- If enforcement agents are involved, check their charges with the bailiff fee checker.
What counts as a court fine
Fines imposed by a magistrates’ court, often for motoring offences, TV licence evasion or unpaid fixed penalties, plus any costs, compensation and victim surcharge ordered with them. Many cases are dealt with on paper under the Single Justice Procedure, so a fine can arrive without you attending court. Penalty charge notices for parking are different — see parking fines.
How collection works
Fines are usually set out in a collection order, which says how much you owe, how to pay and which fines office deals with your case. If you cannot keep to it, you can apply to the fines officer for more time or different instalments. You usually need to show that your circumstances have changed or give new financial information. If the fines officer refuses, you can appeal to the magistrates’ court, but the time limit is short — National Debtline says ten days.
If you fall behind
- Attachment of earnings. The fine can be taken directly from your wages on a sliding scale based on what you earn.
- Deductions from benefits. A set amount can be taken from benefits, including Universal Credit.
- Enforcement agents. A warrant can be passed to bailiffs. They must give at least 14 clear days’ notice of enforcement, and fees are fixed by law. See bailiffs.
- Clamping. A vehicle can be clamped and, after further steps, sold.
- Public register. The fine can be entered on the Register of Judgments, Orders and Fines.
- Back to court. You can be summoned to a means enquiry hearing.
Means enquiry hearings and prison
At a means enquiry the court looks at your income and outgoings, so bring payslips, benefit letters and your budget. It can give more time, change instalments, make an attachment of earnings order or benefit deductions, and in some cases reduce the fine (remission) if your circumstances are worse than when it was set. Compensation and costs usually cannot be reduced in this way. Prison is only possible after a hearing about your finances, after other methods have been considered, and only if the court finds wilful refusal or culpable neglect. Missing a hearing can make things worse, so always attend.
Formal solutions
Magistrates’ court fines cannot be included in a DRO or an IVA, and they are not written off by bankruptcy. Breathing Space does not cover them either. You need to keep paying fines alongside any other debt solution, so build them into your budget as a priority.
You never have to pay for debt advice. MoneyHelper (government-backed), StepChange, National Debtline and Citizens Advice all give free, confidential advice with no obligation.
Common questions
Can you go to prison for not paying a court fine?
Only as a last resort. The court must hold a hearing about your finances, consider other enforcement methods, and find wilful refusal or culpable neglect to pay.
Can I pay a magistrates' court fine in instalments?
Yes. Contact the fines office named on your notice. You can apply to the fines officer for more time or lower instalments if your circumstances have changed.
Can court fines go in a Debt Relief Order?
No. Magistrates' court fines cannot be included in a DRO or IVA and are not written off by bankruptcy, so they need to be paid alongside any solution.