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17-3-2016 3:45 pm  #1

Extract of FOI by Celticmanx

No ref number.

17. Where goods have been seized in the presence of the owner of the goods, or any servant or agent there is no obligation on UKBF to serve a notice of seizure and the owner has one calendar month from the date of seizure to submit a Notice of Claim, challenging the legality of the seizure (see paragraph 3.4 in the link above).

18. Where a notice of seizure is to be served on the owner of the goods in question, UKBF do not have a statutory time limit within which they must serve that notice, albeit that they must act reasonably in all of the circumstances.

19. Where UKBF receives a Notice of Claim, they must commence condemnation proceedings in either the magistrates’ court or the High Court and, as stated in paragraph 3.11 of the above link, this ‘can take several months’.

20. Where the proceedings are being commenced in the magistrates’ court, section 127 of the Magistrates’ Court Act requires UKBF to initiate those proceedings within 6 months from the date of the Notice of Claim. There is however, no maximum time limit within which condemnation proceedings must be commenced in the High Court. 
 Last edited by celticmanx (22-1-2013 6:48 pm)

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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