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11-4-2014 2:51 pm  #1


Case Won

Today I represented myself in Condemnation Proceedings relating to a seizure of 15KG of HRT at Gatwick airport last February.

At the moment I am shattered and all 'legal jargoned' out, however I post this to encourage other members who have had goods unfairly seized to hang on in there and not to be put off by threats and intimidation from Border Force legal dept

In his summing up the leading Magistrate stated that he found my evidence plausible whereas that of Border Force was less than compelling

When I challenged the officer in the witness box as to the 'reasonable grounds' for seizure she hid behind the "its operational policy not to divulge" excuse; I reminded the magistrates of this when they adjourned to consider the issuing of a 144 but unfortunately they still went ahead and granted a 144.

I also applied for costs which I had prepared prior to court and although they rejected some of the claims they did award £455

I now embark on the ardous task of trying to actually get BF to pay the costs and value of the HRT..

Happy weekend to everybody, if anybody out there would like any further feedback please feel free to PM me.

 

11-4-2014 3:34 pm  #2


Re: Case Won

another excellent result,well done and congratulations,good call to ask for costs aswell,


Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.
Better to live one day as a lion than a thousand days as a sheep'

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11-4-2014 5:19 pm  #3


Re: Case Won

well done! thats a nice amount for costs

 

11-4-2014 6:08 pm  #4


Re: Case Won

Well done. Always nice to read good news on here.

 

11-4-2014 8:16 pm  #5


Re: Case Won

davedog wrote:

I also applied for costs which I had prepared prior to court and although they rejected some of the claims they did award £455

This is excellent advice. Although it may seem like counting chickens etc, MAKE SURE YOU WORK OUT YOUR COSTS IN ADVANCE AND IF YOU WIN PRESENT YOUR COSTS SCHEDULE TO THE COURT.

Otherwise, you may end up like me, traipsing back to court several months later and ending up with nowt (or very little)


 

Last edited by turbulentupstart (11-4-2014 8:33 pm)

 

11-4-2014 9:39 pm  #6


Re: Case Won

Great result DD!

Any chance you would be willing to give us a breakdown of the costs awarded?

Is this a separate case from the one that you were asking advice for - where you were taking them to court after condems were dropped ?


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Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

12-4-2014 1:20 pm  #7


Re: Case Won

This was a seperate matter..the other case you refer to is still ongoing...as for costs I believe I was 'more' successful than most as I raised the subject of a 144 being granted automatically very early on in proceedings...I made it clear to the mags that IMO BF had given me no 'reasonable grounds' for seizure, save for quantity

When I then questioned the officer under oath and asked her to disclose the 'reasonable grounds' for originally searching my baggage as per Para.163a of CEMA her response was that  due to operational policy she could not disclose those reasons...I also asked her if it was her decision to delay me for 20 mins at the PCP and her response was 'not entirely mine', I then asked her to expand and again she hid behind the operational policy excuse...

I made my frustrations quite clear to the bench and asked what was the point in me cross examining if the officer was going to continually hide behind 'operational policy' if I asked a question that didn't suit..it was at this stage that I believe a skilled Counsel would have either known how to cajole a response or used a point of law to get the officer to answer

Once the bench indcated that they had found in my favour the issue of granting a 144 was brought up..I refered them back to the officers testimony and made it quite clear that IMO BF had not acted reasonably and given no evidence to the contrary...surprise surprise they didn't agree and issued a 144

 

     Thread Starter
 

12-4-2014 1:31 pm  #8


Re: Case Won

PS  I am receiving mixed messages on how long they have to appeal the Mags decision, some say 21, some say 28 days..anyone know for definite?

     Thread Starter
 

12-4-2014 1:38 pm  #9


Re: Case Won

davedog wrote:

PS  I am receiving mixed messages on how long they have to appeal the Mags decision, some say 21, some say 28 days..anyone know for definite?

BF normally say they have 28 days but they are wrong - it is 21 days.
 


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Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

12-4-2014 1:43 pm  #10


Re: Case Won

eezyrider wrote:

davedog wrote:

PS  I am receiving mixed messages on how long they have to appeal the Mags decision, some say 21, some say 28 days..anyone know for definite?

BF normally say they have 28 days but they are wrong - it is 21 days.
 

they used say to me they have one month but its not true, as you say they have 21 days.
 


Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.
 

12-4-2014 5:12 pm  #11


Re: Case Won

Thanks for the clarification..one more question, do I write to the Home Office legal team in London or the NPSU in Plymouth with my invoice for the costs awarded and market value of the goods when purchased?

     Thread Starter
 

12-4-2014 6:04 pm  #12


Re: Case Won

Pretty sure it's the legal team but Piotrek or somebody will confirm. We found the quickest way to get a response was by fax. If you have not got a fax you can do it free online.


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Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.

 
 

12-4-2014 6:31 pm  #13


Re: Case Won

davedog wrote:

Thanks for the clarification..one more question, do I write to the Home Office legal team in London or the NPSU in Plymouth with my invoice for the costs awarded and market value of the goods when purchased?

Home office are responsible for paying costs and NPSU for compensation for goods. You may get more than market value if you insist. I managed to wangle extra £100 out of them.

Don't think you'll get anything till time for appeal is passed, then NPSU should write to you offering you market value of goods.

 

25-6-2014 7:03 pm  #14


Re: Case Won

Can somebody who has also won their case at Mags Court let me know how long it took for them to receive their compensation monies from our friends down at the Seiezure Unit...I returned the signed agreement form accepting their second offer nearly 4 weeks ago by recorded delivery, as yet no payment into my account 

     Thread Starter
 

25-6-2014 7:40 pm  #15


Re: Case Won

soon I signed and faxed paperwork to them it was I think about 2 weeks and money was in my account. chase them up using online fax which is free and you will have records of sending it, give them two weeks and if they don`t pay start small claim court. make sure the letter you send now is called `letter before action`. it should do the job.


Please ensure you do not divulge any information which could identify you as Border Force will use your posts here as evidence against you in court.
 

26-6-2014 3:54 pm  #16


Re: Case Won

Cheers Piotrek..

     Thread Starter
 

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