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17-10-2015 12:10 pm  #1

About this sub forum.

This is about the restoration process and Duty demands/penalties. We do not recommend this process as a primary means of getting your seized goods back as it has a very limited success rate. Also you cannot argue the legality of the seizure (with few, rare exceptions). However the process is free and if it goes all the way to a First Tier Tax Tribunal, it is normally held at a place near you.

The tribunal is an informal event and avoids a magistrates court hearing which some may find too traumatic to cope with. You will need a reasonable argument to prepare for tribunal. If you simply try to argue that goods are for own use HMRC will apply to have the hearing ''struck out'' as having no reasonable means of success.

Information is available on customs notice 12A available on the net.

There are 2 types of financial penalties that HMRC use. Customs civil penalties and Customs civil evasion penalties. Info available on Notices 300 and 301. If you forfeit your goods when they are seized or lose at a condemnation hearing you will almost certainly receive one or both penalties. HMRC can issue these up to 3 years after the event but normally they can take up to a year or so.

Take care when reading references to tribunal findings on this forum as some of the information will refer to judges directions which have not yet reached a conclusion.

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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