Recovering an unpaid civil penalty
The council has a debt collection and recovery policy. Through this policy all legal options available for the collection of unpaid civil penalties will be considered. Unpaid penalties will be pursued through the county courts. Some of the orders available to the council through the county courts are as follows:
- a warrant of control for amounts up to £5,000
- a third-party debt order
- a charging order
- bankruptcy or insolvency
A certificate, signed by the Chief Finance Officer for the council and stating that the amount due has not been received by the date of the certificate, will be accepted by the court as conclusive evidence of the payment due.
Where a civil penalty is appealed and the council has a tribunal decision, confirming or varying the penalty, the decision will be automatically registered on the Register of Judgements, orders and fines, once accepted by the county court. Inclusion on this register may make it more difficult for the landlord to obtain financial credit.