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26-4-2015 10:36 pm  #1


Tribunal judge berates notice 12A

A copy and paste....

 I have sat as a Chairman, and latterly as a Judge, in this Tribunal for many years and I have, over the years, asked that Notice 12A be made comprehensible to the members of the public. It has been my experience in several of those cases, that even counsels appearing before me have had difficulty understanding the ‘deeming’ 10 provisions and, in the alternative, the right to restoration. How a traveller confronted by the loss of his/her goods and his or her vehicle, often late at night with the prospect of having to use public transport to get home then or later, is meant to understand the nicety of a ‘deemed forfeiture’ is beyond reason. It has even taken some of the Chairmen and Judges several years to get clarity on the issue. The Notice 12A should 15 state clearly and preferable on the outside cover::
  APPLICATIONS TO THE BORDER AGENCY.
“IF YOU WANT TO GET YOUR GOODS BACK, AND/OR YOUR VEHICLE, you MUST ask the Border Agency, within ONE MONTH of the date the goods or vehicle were taken from you, to apply to a Magistrate 20 Court, so that you can explain that the goods were purchased for YOUR OWN USE.
IF YOU FAIL TO ASK THE BORDER AGENCY TO MAKE THE APPLICATION FOR YOU WITHIN THE ONE MONTH PERIOD, YOU WILL NOT BE ABLE TO RECOVER EITHER YOUR 25 VEHICLE OR YOUR GOODS.
AS AN ALTERNATIVE, and at the same time, you can ask the Border Agency to return your goods and the vehicle without asking the Border Agency to apply to the Magistrates Court, but this will be a matter for the DISCRETION OF THE BORDER AGENCY and the request is 30 unlikely to be successful except in the most exceptional of circumstances. Even then the Border Agency may require you to pay a fee and/or the amount of the duty avoided. 
APPLICATIONS TO THE TAX TRIBUNAL
IF THE BORDER AGENCY REFUSE TO RESTORE THE GOODS 35 AND/OR THE VEHICLE when you have asked for them to be restored, you can apply by way of appeal to the TAX TRIBUNAL who can require the Border Agency to reconsider your request.
If the goods and/or the vehicle have been DEEMED TO BE FORFEITED because you failed to ask the Border Agency to apply to a 40 Magistrates Court, within the one month period, YOU WILL NOT BE ABLE TO APPLY TO THE TRIBUNAL to have your goods or the vehicle returned.
 5
Perhaps the notice could contain cartoons and/or animations to make the appropriate point and be more user friendly? I appreciate that there is a substantial cost involved, but perhaps a more readily understood Notice 12A would reduce the amount of time and costs for all parties when processing these appeals.

Ignore the numbers in the text. They are para no's in the tribunal report
  

Last edited by eezyrider (26-4-2015 10:39 pm)


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