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10-9-2014 8:05 pm  #1


Fine

Dear Nice and Wise Peoples,
Can any one advise me on my case which involved over 100 cartoons {sleeves) taken by customs at Luton upon returning from Poland. Obviously not knowing much about "dont sign anything" and "record it all" at the time of conflication (end of August) I dully signed customs statment with own coment "I disagree with the decision" after bravely mantaining that all those fags r for own consumption and presents only.

Obviously, I did not have on me recepits or bank statments for my purchase which was estimated worth of aprox £3500 by custom guy. He also implied that such an amount would last me for over 3 years smoking 20 a day and that last time I was stoped at customs there, I had 9 carons which were confliscated in 2007 and as I did nothing than so he assumed that I was aware of limits now hence he decided to confliscate it all there and than.

I am thinking of appeal but to do it propelly I would have to travell to Poland again (not very handy at the mo.) and try obtain all recepits and statments etc. Statments from my grown up and smoking kids to whom I pledged at leat half of  those cigs as xmass presents (4x15=60) I have already as they were born and grown in UK .

So I want to put up the fight but also taking into account of my 65 yo age and huge legal moutain to climb I have to cosider a " giving up" option too.

Question is: will they fine me in addition to confliscation of another £4000 aprox if I give up the fight or just warning letter will end it all as it did in 2007 ?

Yours faithfully,
Bod3ek
      

 

11-9-2014 5:20 am  #2


Re: Fine

If you are to appeal, then with the 30 day deadline looming, this needs to be the focus of yours. Any appeal can be basic initially as they are supplementable and can be withdrawn from. Include the date, location, quantity/ies and reference/s. Guaranteed post is the option I'd take. Assuming that there will be no penalty is unwise!

 

11-9-2014 9:37 am  #3


Re: Fine

you will probably recive the fine and wrongdoing penalty,send in a notice of claim straight away,dont bother with the restoration route as it involves quite a large amount.

appealing the seizure will at least delay the sending of the fine for now.

are you uk based or live in poland?


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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11-9-2014 10:19 am  #4


Re: Fine

Thanks Mate, I will take on board ur points. I am fighter by nature only as time goes by one might b tempted by "cant b botherered anymore" attitude, Especialy when so many things r wrong and unjust in modern world. Hey, tday is 13 th aniversary of 9/11.  Was that event ever sorted properly against all logic? Falling buildings, disapearing planes, lies, deceptions... and BBC still churns out same old propaganda...yes, i know im off my course quite a bit but the same lot decided EU laws once so why are they backtracking and  trying to to chip off our rights by imposing "guaidlines"...
Im off to apeal...
regards,
bod3ek

     Thread Starter
 

12-5-2015 3:52 pm  #5


Re: Fine

I got my date in court in the begining of june, 2 weeks away . despite having my evidence, reasons and explonations, i fear it wil b just formality for them... do any one knows solicitor or specialist in luton area who could possibly do better or put up some fight...as i mentioned b4 over 100 slevers  r at stake.
regards
bod3ek

     Thread Starter
 

22-5-2015 9:36 am  #6


Re: Fine

haya,
Its either me being "usless bloger" or threre s no solicitor or anybody in luton area willing to help me.
Ok thats fine. i shal go to that court regardles, on my own with all existing advice i can find on this
site-i am grateful for, anyway. Still, there r some merits of my case which i wouldnt mind to, perhaps discuse or clarify with someone more knowlegeable... it wont take much of your time, promiss, i not that stupid... but not that cleaver, either...
bod3ek 

Last edited by bod3ek (26-5-2015 8:46 pm)

     Thread Starter
 

22-5-2015 12:18 pm  #7


Re: Fine

What were the reasons for seizure given by customs? You will have to address all of them in court and show some backup to prove customs were wrong. Solicitors are very expensive I had quote for over 4k back in 2012. If you loose you can always go to Crown see real judge instead of magistrates.


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.
 

26-5-2015 8:37 pm  #8


Re: Fine

Thnx 4 your kind replay. Do you think, i shouldnt write openly in this blogs about my case, can i talk w u privately ? How can it be done? Moze po polsku ?
I am no good a as bloger or facebooker ... any way, the reasons for seizure were; large amount, previous sizure of 7 sleves few years bak, no recepits (i realy lost it somehow) and i signed their statment. It looks than i ve done more "wrong " than them although,  I managed to provide all paper works afterwars, incl statments of intended presents etc but i supose magistrates will only b interested in what BForce done wrong.?
regs
bod
 

     Thread Starter
 

27-5-2015 11:23 am  #9


Re: Fine

Hi. You can write here about your case but don't post personal details as UKBF is present here so they will read it as well. It's better to post on here so anyone can give you advice. It was large amount but if you can justify it as you said by providing kids statements than you may be ok. Previous seizure, heh stupid reason just to justify action that day, I would like to see UKBF giving me reason like that
Did you had copy of the notebook?
If I was you I would go for it, if this what you said is true you will have a chance, maybe not in Magistrates but in Crown as judge there is more educated.


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.
 

28-5-2015 6:17 pm  #10


Re: Fine

Hi Piotrek,
As you seem to b the only soul answering my questions so I hope you dont mind my direct aproach.
The reasons for seizure given by BF r as follows; the amount, my previous travels, my previous knowledge and seizure, my income to expediture and lenght to smoke them cigs ( 3 years) and no recepts.
I gathered that, those are the main points to concentrate my defence so, I provided them with the evidence that;
I had genuine reson to travel previously. Almost half the amount was to be a presents (documented later but newer mentioned in witness statment), previous sizure quite small and long ago- I had no time to claim it back then but in their view, I was aware of limits and finaly the recepts were produced later on, too .
So basicaly; I will try my best and next few days I will spend on reading this site thru and thru and more of your helpful coments are, of course very welcome and apeciated.
There is also that factor of "court fear" with all those pros ready to mince-meat every word, thought and idea and make u feel worthless... brr... i was only few times there, when divorcing,long ago but it still sends shivers thru my spine...any way regards for now,
bod

Last edited by bod3ek (28-5-2015 6:35 pm)

     Thread Starter
 

28-5-2015 8:07 pm  #11


Re: Fine

Is there any way you can show what did you bring back and what you did't bring back on your previous trips?I mean like bank/credit cards statements showing no transactions before and ones showing transactions now. Work out your disposable income and get letter from accountant to confirm it. It did work for me in Crown court. Don't be afraid of court, it isn't big deal. Good luck


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.
 

28-5-2015 10:00 pm  #12


Re: Fine

I think one of the reasons you have not had replies is because you have not asked any questions yet, other than can anybody recommend a solicitor in Luton http://cdn.boardhost.com/emoticons/happy.png


Nevertheless you are getting the best advice from piotrek. Your biggest problem is going to be convincing the court that half of the goods which customs valued at £3500, was for gifts (£1750) and they considered your income was not enough to buy them anyway.

Do not make the mistake of concentrating on particular points for your defence as it is likely when you go to court other issues will be raised. Cover evrything in your defence.


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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.

 
 

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