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14-1-2016 7:44 pm  #1


Post Moved - Re Gallagher

Today 9:14 pm #1GallagherNew memberhttp://images.boardhost.com/icons/1/user_online.png
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Private MessageSeized goods in March 15 - HMRC payment of duty letter received Jan16Hi,
 
I’m just wondering if any of you could provide me with some advice on the below.
 
To cut a very long story short, back in March me and a friend went to Bruges (from Hull via Ferry) to get some tobacco both for personal use and gifts I had my tobacco seized  but my friend was allowed to keep his. A couple of days ago I have received a letter stating I now have to pay the duty on the seized tobacco. This was £1,671.00 but had been reduced to £935.00 due to reductions in helping, telling and giving access to record to customs back in March.  Below I have bullet pointed the events of the trip.
 
·         I returned with 180 pouches in total - 120 (50g) pouches of Amber Leaf, 50 (50g) pouches of Golden Virginia and 10 (50g) pouches of Gold Leaf
·         My friend returned with 210 pouches in total - 160 (50g) pouches of Amber Leaf and 50 (50g) pouches of Golden Virginia.
·         We were both stopped at customs at Hull Ferry port and questioned separately. We both admitted we had brought tobacco back from Bruges and confirmed how much we were carrying.
·         My friend and I were questioned for a couple of hours and in the end after proving we smoked (rolling 3 rolls ups) and providing info on how long our personal tobacco would last they made a phone call to his mother (after prior agreement) to confirm that some of his Golden Virginia was for her as a gift they let him go with all his tobacco.
·         Me on the other hand was questioned exactly the same but when they asked if they could make a call to my mother to confirm some of the Amber Leaf was for her as a gift I stated that they could call her but as she was at work it was highly likely that they wouldn’t be able to speak with her as she is not allowed to answer her mobile in work hours. The customs officer than asked if he was able to call other family members and I stated they were also at work too. He then said as I was unable to get one of family members (who tobacco gifts were for) to confirm my story, they seized all my tobacco and was told I could appeal this and was given documentation.
·         I never challenged this (wish I would have known about this website back in March) so I thought that was the end of it. A couple of days ago I have received a letter stating I now have to pay the duty on the seized goods. This was £1,600 but had been reduced to £935 due to reductions in how I cooperated with customs back in March.
 
Please could anyone give me some advice on how I should deal with this? Should I challenge this payment etc etc. I have all the documentation should any of you require further info. I have until 25.01.16 to provide any additional info to HMRC
 
Any help at all is greatly appreciated.


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14-1-2016 9:19 pm  #2


Re: Post Moved - Re Gallagher

At 1st glance the figures don't add up.

Duty rates per kg are almost £200. In your case the duty on 18kgs would be around £3600. The figure you are referring to, £935,  sounds like a CCEP (wrongdoing penalty) rather than the duty 'evaded'. If I am correct they would be looking for £3600 + £935.

Since you claimed all the goods were for own use and gifts, you cannot reduce your liability by saying only part of the goods were your own.

The only chance I see is something our member Turbulentupstart highlighted recently. He referred to a tribunal appeal where the case was dismissed but the tribunal chairman advised the appellant to resubmit on the grounds that duty could not be charged on goods which were destroyed, as per s37 of EU Directive 2008/118ec. There are refs to this in this section of the forum. I suggest you acquaint yourself with that. Be aware though that to date this defence has not been proven.

My error - total is 9kgs not 18kgs. Apologies.


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27-3-2016 10:27 pm  #3


Re: Post Moved - Re Gallagher

Topic closed and archived - no reply from OP.


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