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24-11-2017 5:59 pm  #1


Seized..

Hi all

1) Were your goods seized within the last month?
YES
2) Are you a UK resident?
YES
3) What is the quantity of goods seized?
12200 mint flavor and 16600 standard
4) Were the goods purchased in the EU and with your own funds?
EU and my funds, savings
5) Have you appealed yet?
No
6) How many times have you travelled abroad in the past 12 months?
3 times,
7) Did you have a full interview by Border Force officers?
YES
8) Did you inform the officers that all goods were for personal use incl as gifts (not paid for) ?
Yes
9) Were all goods seized your own or were you travelling with another person?
My own
10) Are you prepared to go to court to recover your goods?
Not sure
As I told to officer i started to smoke more around 3-4 pack a day since I started driving job.
I know its a lot, but i prefer to spend my time with my family then going to the town shop, bank to buy the cigarettes.
Thanks for help

Last edited by warrior (24-11-2017 9:59 pm)

 

24-11-2017 7:34 pm  #2


Re: Seized..

That equates to 80 per day for a year without your previous trip purchases. You will have difficulty convincing anybody that you smoke that amount.

Even if you did win your case, customs would appeal this amount through the courts as we have experienced before. May be worth having a free half hour consultation with a barrister because you could potentially be looking at £12k in duty and penalties. With that amount you are lucky they have not brought criminal charges.


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27-11-2017 11:34 pm  #3


Re: Seized..

When I drive long distances i smoke 3 to 4 packs  so Traveller sounds credible to me on that score. However as Eeze says the amount he attempted to import and the amounts customs will assume he imported on previous trips will , I imagine, not fly in court. Customs will no doubt also argue the fact he brought back menthols and 'normals' means that they were not solely for 'own use'.

And if Traveller's driving job involves driving any kind of commercial vehicle, he isn't allowed to smoke in it anyways and if he were to claim he did knowingly and wilfully break one law, the court will almost certainly assume he is happy to break another.

Last edited by The Blocked Dwarf (27-11-2017 11:35 pm)


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

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28-11-2017 10:14 am  #4


Re: Seized..

The Blocked Dwarf wrote:

When I drive long distances i smoke 3 to 4 packs  so Traveller sounds credible to me on that score. However as Eeze says the amount he attempted to import and the amounts customs will assume he imported on previous trips will , I imagine, not fly in court. Customs will no doubt also argue the fact he brought back menthols and 'normals' means that they were not solely for 'own use'.

And if Traveller's driving job involves driving any kind of commercial vehicle, he isn't allowed to smoke in it anyways and if he were to claim he did knowingly and wilfully break one law, the court will almost certainly assume he is happy to break another.

Quite agree BD. It's difficult to differentiate between genuine shoppers and those carrying for commercial gain.

In many of my replies it may look as if I'm passing judgement - I'm not. I'm simply pointing out the hurdles that a person is likely to face based on our experience here.

It is that collective experience that enables us to offer accurate opinions on a poster's situation. For example the appeal I refer to above is that of Highlander who won his case at Dover. He had over 20kgs of HRT (can't be bothered to look it up) but BF appealed to Crown and won.

Of course if we suspect a poster is a smuggler we could ignore the post altogether but often it raises valid points which are of interest to others.
 


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29-11-2017 11:59 am  #5


Re: Seized..

I bought the cigarretes just before price rises around 50pence on a pack(it will go up another 30, pence next year, so I wanted to save money), i didnt mind to keep them under my bed for over a year (is the 1 year the time that i need to smoke them?)
They looked like can say anything and seized them,
Same thing officers said about them mentols. I asked so whats wrong with people that smoke them with menthol click, or cigarretes and tabacco?
He could not give me an answer...

     Thread Starter
 

29-11-2017 3:21 pm  #6


Re: Seized..

BF tend to say that tobacco products go stale after 12 months, however evidence supports our theory that the recognised shelf life is 2 years. Of course we know that tobacco can last indefinitely if stored correctly.

They also like to think that people should only smoke one brand which of course is rubbish. They think anybody carrying more than one brand is supplying to order.

You have to disprove their theories and provide as much evidence as possible that the cigs were yours to use.


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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.

 
 

02-12-2017 2:26 pm  #7


Re: Seized..

SAR and NOC are standard procedures to appeal?

     Thread Starter
 

02-12-2017 8:22 pm  #8


Re: Seized..

NOC yes, SAR optional.


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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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