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15-11-2012 7:25 pm  #61


Re: Draft of new Statement of Truth

... "No contribution to travel costs may be made." ...

If a husband books and pays for wife from an account (sole name) and vice versa, then what?

 

15-11-2012 8:26 pm  #62


Re: Draft of new Statement of Truth

shopperleighonsea wrote:

... "No contribution to travel costs may be made." ...

If a husband books and pays for wife from an account (sole name) and vice versa, then what?

I think that's taking it out of context.

"This can include a personal gift provided that no money changes hands.
No contribution to travel costs may be made."

In other words the person who is receiving the gift must not make any contribution to costs.

It would make more sense if it read

"This can include a personal gift provided that no money changes hands and
no contribution to travel costs may be made."

It's one of those many situations where you have to be seen to be operating within the spirit of the law rather than the actual letter of the law.


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16-11-2012 2:03 am  #63


Re: Draft of new Statement of Truth

On seeing your SOT eezyrider, I have made some modest re-wording of mine. I think it helps to see the different wordings people have on theirs.



Statement of Truth



To whom it may concern,
                               
  I, Mr Ewan Hoosami, passport number  GBR111111111, along with my partner, Mrs Hoosami, passport number GBR222222222, travelled from London-Stansted on flight AB1234 to Alicante on 11/11/1111. I returned to London-Stansted on flight AB2345 on 22/22/2222.

I shall record any interview by Border Force in full ( see attached FOI ref 19924, 9th March 2012) and Border Force may have a copy if so requested.

I purchased 4kg of Golden Virginia tobacco EU Duty Paid. I bought these goods for my own personal use. I refer you to the following to show categorically that my goods are for personal use and not for a commercial purpose. My partner, Mrs Hoosami is not a smoker and none of the goods are for her.

I refer you to The Excise Goods (Holding, Movement and Duty Point) Regulations 2010,  Section 13, 3 (a) (b), 4  (a-j), 5 (b)


(3) For the purposes of paragraph (1) excise goods are held for a commercial purpose if they are held—


(a) by a person other than a private individual(P)

I am a private individual.


(b) by a private individual (“P), except in a case where the excise goods are for P’s own use and were acquired in, and transported to the United Kingdom from, another Member State by P.

The goods are for my own personal use,  bought in a licenced estanco in Benidorm, Spain (see receipts) and transported by myself to the UK.


(4) For the purposes of determining whether excise goods referred to in the exception in paragraph (3)(b) are for P’s own use regard must be taken of—
(a) P’s reasons for having possession or control of those goods;

The goods are for my own personal use, bought and transported to UK by myself


(b) whether or not P is a revenue trader;

I am not now, have never been, nor intend to become, a revenue trader


(c) P’s conduct, including P’s intended use of those goods or any refusal to disclose the intended use of those goods;

I respectively submit the following:-

4 kg Golden Virginia tobacco for my own consumption.

My conduct will be audio recorded throughout this excise interview.


(d) the location of those goods;

Goods are in my personal luggage. 4kg of Golden Virginia in my cabin bag. The other two (hold cases) I have with me contain no excise chargeable goods of any description.


(e) the mode of transport used to convey those goods;

Carried personally by myself from from the aircraft as hand luggage.


(f) any document or other information relating to those goods;

Account balance document showing FlexAccount balance of £195.01 and e savings balance of £2000.00 correct at 16/10/12

Receipts and statements showing purchase of tobacco and proof of air fare payment

 Personal consumption document, detailing rates of tobacco and savings compared with UK prices.


(g) the nature of those goods including the nature or condition of any package or container;

Goods are sealed in their original packaging; they are in my own personal luggage carried by myself.


(h) the quantity of those goods and, in particular, whether the quantity exceeds any of the following quantities—


•    10 litres of spirits, 

•    20 litres of intermediate products (as defined in article 17(1) of Council Directive 92/83/EEC (1)

•    90 litres of wine (including a maximum of 60 litres of sparkling wine)

•    110 litres of beer, 

•    800  cigarettes
•    400 cigarillos (cigars weighing no more than 3 grammes each), 

•    200 cigars, 

•    1 kg of any other tobacco products;


  

These are just guidelines and there are no limits for the amount one can bring in for personal use as stated in UKBA’s current ‘Notice 1, Travelling  to the UK’ and the ‘Tax information and Impact note, Protect IL1, HMRC’ where it states, and l quote:-

Notice 1 ….“There are no limits on the amount of duty and/or tax paid alcohol and tobacco that you can bring into the UK as long as they are for your own use or gifts and are transported by you. 

Tax information and Impact note, Protect IL1, HMRC … “MILs (guidelines) are one of a number of factors used by UK Border Agency officials in determining whether tobacco products imported from the EU are for a person's own use or are for commercial use.  They are not allowances - someone bringing in less than the MILs to resell is still breaking the law, and someone bringing in more than the MILs for their own use will be unaffected.  All that is changing are the guide quantities. 

“……… law-abiding individual and householder travellers who genuinely import goods for their own use will not be affected.


(i) Whether P personally financed the purchase of those goods;

Yes l did, see receipts of purchase which I made with my own funds which were withdrawn from a bank account in my name.


(j) any other circumstance that appears to be relevant.

4kg of tobacco will last me approx 18 months and saves me a great deal of money when compared with UK prices.

I  have not travelled abroad in the last 12 months. The last time I travelled was in March 2011. I brought back 4kg of Golden Virginia tobacco on this trip which was for my own consumption.

I have about my person smoking materials and a lighter.  Should you require me to roll a cigarette, l will do so. Should you wish to see me smoke a cigarette in an outside smoking area, I will be happy to accommodate this request.

5) For the purposes of the exception in paragraph (3)(b)— 

(b)“own use"  includes use as a personal gift but does not include the transfer of the goods to another person for money or money’s worth (including any reimbursement of expenses incurred in connection with obtaining them).




Although “own use  includes gifts, none of what have brought back is a gift to anyone. The entire 4kgs are for myself. I received no payment or reimbursement in money or money’s worth for this purchase of tobacco or cost of my travel whatsoever incurred in connection with obtaining them.
l have now given all the information  you require re The Excise Goods (Holding, Movement and Duty Point) Regulations 2010, that shows my legally purchased EU duty paid tobacco are for personal use only and not held for a commercial purpose and I request that you let me continue my journey with my legally purchased EU duty paid goods.



Copy of this statement of truth to be retained by myself and another copy given to 

UK Border Force Officer ………............................….     

ID number ……….          

"I believe that the facts stated in this witness statement are true."

Signed …………………………        Print name………………….             

date …………………

Statement of Truth (4 pages) received by

UK Border Force Officer  ………………….........…….         (print name)

UK Border Force ID number ………….  

Signed  …………………………….

Date      …………………..




Tobacco consumption and price comparison.

My tobacco consumption varies depending on what I am doing at any particular time but I have found from past experience that 50g of tobacco generally lasts me a week. This is an average estimation based on my previous bulk purchases, units Vs time. I have never taken any notice of how many cigarettes I smoke in a day nor how many I can get out of a 50g pouch. I have a legitimate expectation that my purchase will last me around 18 months.


Golden Virginia            500g                             4kg
Spain                     £58.91 (€72.50)             £471.33  (€580.00)
United Kingdom            £156.10                 £1,248.80

Savings over UK prices £776.67

Prices for Spain taken from eurotobaco website;

http://eurochange.es/seccion/en/eurotabaco/11

Prices for UK taken from Tesco comparison website;

http://www.mysupermarket.co.uk/#/tesco-price-comparison/tobacconist/golden_virginia_hand_rolling_tobacco_50g.html

Exchange rate taken from Yahoo! finance.

All figures correct at 17/10/12

I expect my purchase to fall roughly in the area of £471.33 or €580, due to fluctuations in retail prices and/or exchange rates.


I certify all the information on this document to be an accurate and honest representation of my tobacco usage.



Printed name............................................                 Signed.............................................


Date.............................


UKBA can "manger la merde et mourir" if you'll excuse my french.
 

16-11-2012 8:21 am  #64


Re: Draft of new Statement of Truth

Ewan Hoosami wrote:

I think it helps to see the different wordings people have on theirs.

http://i.imgur.com/r7pVW.png


SoT Draft Minimal.

Last edited by shopperleighonsea (17-11-2012 11:39 am)

 

16-11-2012 9:58 am  #65


Re: Draft of new Statement of Truth

More for the benefit of newcomers...

Whichever format the SOT follows it has to fulfill the requirements. A bullet-proof SOT will hopefully provide enough evidence to avoid an interview and associated lengthy delays to your journey,avoid possible seizures and provide enough evidence to a court to prove that BF acted unreasonably hence avoiding the issue of a sec 144 cert.

I prefer the "one size fits all" SOT which I do not need to update for every trip.My trip log and calcs sheet are the ones that are updated. I don't want to add things into my SOT which I cannot necessarily answer questions on. I adopt the theory that the shortest answer is best as in court when on the witness stand where a simple yes or no is the best possible reply.This of course has to tempered with the need to supply enough information to satisfy the needs.

So, you have to understand and be comfortable and confident with your SOT whichever format it takes. When all is said and done we don't know if our version will do the job until it's tried and tested, something we hope won't happen.

And by posting my SOT above I am happy for someone to shoot holes in it before BF does!


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21-11-2012 3:32 pm  #66


Re: Draft of new Statement of Truth

eezyrider wrote:

... "And by posting my SOT above I am happy for someone to shoot holes in it before BF does!" ...

No comments since. Looks like its safe to resurface!

 

21-11-2012 4:25 pm  #67


Re: Draft of new Statement of Truth

(grin) (grin)

I'll gingerly tilt back my hard hat then!


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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.

 
 

21-11-2012 4:55 pm  #68


Re: Draft of new Statement of Truth

I'm taking a little risk with my SOT as I travel often as my parents have a house in spain. I'm stating that, 'I tarvel often but don't count them. I thought that was your job. I'm sure you can go and check'. My SAR had one trip in the last 3 years!!!!

 

03-9-2013 4:57 pm  #69


Re: Draft of new Statement of Truth

I'm going over tomorrow guys, will let you know how the SOT works, if stopped. http://cdn.boardhost.com/emoticons/happy.png

 

04-9-2013 11:35 am  #70


Re: Draft of new Statement of Truth

cossie245 wrote:

I'm going over tomorrow guys, will let you know how the SOT works, if stopped. http://cdn.boardhost.com/emoticons/happy.png

The principle of SOT works very well as I know from first hand.
I must stress though that it will only work if it is truthful factual and credible, it is not a get out of jail free card nor a smugglers charter.


Please ensure you do not divulge any  information which could identify you as Border Force may take your posts here and attempt to quote parts of them out of context in court in order to try to discredit you.

 
 

06-9-2013 1:09 pm  #71


Re: Draft of new Statement of Truth

bordershopper wrote:

cossie245 wrote:

I'm going over tomorrow guys, will let you know how the SOT works, if stopped. http://cdn.boardhost.com/emoticons/happy.png

The principle of SOT works very well as I know from first hand.
I must stress though that it will only work if it is truthful factual and credible, it is not a get out of jail free card nor a smugglers charter.

I'm not entirely sure how you read my post bordershopper, I only travel over on average every 14 months, therefore I have more than the guidelines to last me for that length of time. This was going to be the test of the new SOT, it wasn't needed. I therefore have nothing to report http://cdn.boardhost.com/emoticons/confused.png

 

06-9-2013 4:51 pm  #72


Re: Draft of new Statement of Truth

Always good to see a genuine shopper escape the clutches of the baddieshttp://cdn.boardhost.com/emoticons/happy.png


At least you were equipped if needed, better than being wise after the event!


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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.

 
 

04-10-2015 4:36 pm  #73


Re: Draft of new Statement of Truth

Bump for an old thread, is the info in this still relevant.
Just used it too make my own SOT.

Thanks

 

04-10-2015 9:35 pm  #74


Re: Draft of new Statement of Truth

SOT is relevant still.


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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.

 
 

27-11-2015 8:43 pm  #75


Re: Draft of new Statement of Truth

Thanks to everyone for their suggestions as to a Statement of Truth. I am planning a trip to Sofia next month to acquire maybe 30 cartons of B&H Gold - which I've been smoking for circa 45+ years (previously Special Filter).

My question is that upon arrival in the Customs Hall at Heathrow, should I go through the blue EU channel or do I actually approach a Customs Officer to 'declare' the cigarettes that are in my luggage?

Any help, guidelines or experience gratefully received.

Many thanks


~35-40B&HGold/day
 

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