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24-11-2012 12:46 am  #1


Another win incl £12,000 costs!

ln March we received this :-

Just wondering if you could help or advise.......

Yesterday my partner took my car across to Belgium to buy tobacco and wine on his return, yes he was pulled over by the UKBA, the officer told him he was smuggling and seized all the tobacco (19kg + 800g mixed) and my car but happily returned the wine.  She further went on to say he was concealing the tobacco as it was covered, in an ordinary 3 door car!!  He was not even allowed, what they consider a reasonable amount to import, any tobacco returned.

The only reason the tobacco was covered was that my partner went to another store to purchase the wine and as we are always advised to cover and hide any valuables in the car he did just that.

Prior to his purchase and whilst travelling on the ferry he picked up a leaflet to check his allowance and in their leaflet it clearly states no limit but questions may be asked if more than a 1kg of tobacco and other products were noticed/found and of course taxes were paid in the country of purchase and in the EU

Would appreciate your advice for restoration of my car and goods  -  the car is a family car used by myself and children one of which is six months old and I have difficulties with mobility due to a foot and back problem both my children have health problems and the baby is espicially vulnerable just in the last week both my children have ended up at A&E


Many Thanks for reading

xxxxxxx xxxxx


Correspondence cont and today we received this :-

Hi,

just to let you know we had our day in court and what a long day it was,
so after 7 long months of battle we actually won the case everything has been restored to us plus all costs, which totalled £12,000.00!!

Not too sure it will have a great impact on future seizures as it looks like the law on seizures will have to change, as it is at present suspicion is not adequate for a lawful seizure, but law takes years to change.

We had a brilliant barrister and solicitor the UKBA barrister had no chance when it came to the law, lots of other factors in our case came to light but all in all we showed them up and their tactics, we're glad we had the guts to fight them and of course the money as you can see by our costs!!

Again thanks for all your support at the beginning it really did help us, anything you wish to know which you feel will help please do ask some details of course we may be able to share.

Again thanks for your support

Best Regards
xxxxxxxx



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http://i45.tinypic.com/24uxqug.png We don't do nice ... we do right!

It's not that l have something to hide ... it's l have nothing l want to show you.
 

24-11-2012 4:42 am  #2


Re: Another win incl £12,000 costs!

Superb. I hope she is willing to send some of the case work. I think that is bound to help us all.

 

24-11-2012 8:00 am  #3


Re: Another win incl £12,000 costs!

That is superb news and I hope the transcript will become available.


"I, uh, let her out the trunk...heard what, err, She snarled at THEM...."

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24-11-2012 9:46 am  #4


Re: Another win incl £12,000 costs!

Fantastic result especially for those of us that travel in our own vehicles  (grin)

Last week, as SWMBO is recovering from fractured ankle, I even put all hospital appointment letters in my folder - this shouldn't be needed.


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24-11-2012 11:28 am  #5


Re: Another win incl £12,000 costs!

Encouraging news. We just need a few transcripts now to quote from and then it's all in the box!


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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.

 
 

28-11-2012 7:59 am  #6


Re: Another win incl £12,000 costs!

Posting details of the solicitor and barrister might be useful to others....

 

28-11-2012 1:16 pm  #7


Re: Another win incl £12,000 costs!

RA wrote:

Posting details of the solicitor and barrister might be useful to others....

Afaik http://www.rogers-norton.co.uk/

Last edited by shopperleighonsea (28-11-2012 1:22 pm)

 

03-12-2012 7:01 pm  #8


Re: Another win incl £12,000 costs!

any ideas what sort of costs they were charging??


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15-1-2016 8:15 pm  #9


Re: Another win incl £12,000 costs!

Is there any historical record of this case on file?

 

16-1-2016 7:13 pm  #10


Re: Another win incl £12,000 costs!

davedog wrote:

Is there any historical record of this case on file?

I doubt it. Bailii tend to only publish court transcripts that are important or contain legal precedents.

I seem to recall this was a case where SH originally advised and the people concerned then took on legal representation.

The only other way is to get a court transcript (expensive) but you would need to know dates, court and names.
 


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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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