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17-9-2012 10:55 pm  #1


Glossary

"So you SAR then NOC then kitchen sink the Coffee Machines at the PSU"

Anyone reading here for the first time is going to run into a lot of jargon and abbreviations that probably don't mean much to them. So I thought we could post up a Glossary. This is a communal work in progress so post your improvements and additions below and I'll add them in etc....i'll also 'alphabetize' it at some point.
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Glossary

PSU , also NPSU
– “National Post Seizure Unit", the people you send your appeal to and who are often refered to as “Coffee Machines"  due to their love of simply rubber stamping the original Officer’s decision.

NOC- see “Notice Of Claim .

Notice Of Claim- your ‘appeal’ which has to be sent to the UKBA within one month of the seizure otherwise your baccy automatically becomes property of her Maj.

Seizure
- that’s the word for the officers taking your tobacco and perhaps your car.

Condemnation Procedure- the procedure/court case to decide whether or not the seizure of your stuff was lawful.

Cert sec.144 – something the UKBA will always try and get a magistrate to agree to. Basically it means that even if you get your goods back you can’t claim any other compensation from the UKBA for seizing your stuff illegally (ie you can’t claim for the ciggys you had to buy at UK prices to smoke while your EU fags were in the UKBA’s lock up).

Coffee Machines- an In Joke here. According to the law anyone can act as a ‘customs officer’ …a policeyman, a traffic warden, the tea lady and possibly even the office coffee machine.

N2D –  Short for ‘Nothing To Declare’ Smoking Hot’s blog at n2d.me, and also Smoking Hot  and Zaphod  themselves along with all the fellow activists, the regular readers of the blog/this forum…ie ‘the movement’ or ‘the Resistance’.

SOT- see Statement Of Truth.

Statement Of Truth- this is a legal document that can be submitted to a civil court. Basically it is your signed declaration of what you’ve bought and your written answer to all the questions the officer might ask in an ‘A-J’. You hand it to the Officer when stopped and it contains all the information he needs to judge your goods as for being for ‘own use’. Latest version of the SOT HERE- read it through several times before you fill out yours. A PHOTO GUIDE TO THE SOT HERE


A-J Interview
- the formal interview to establish whether or not your baccy is for your own use.  Refered to as an ‘A-J- after the points ‘a-j’ in the Customs Law which list things that the UKBA should take into consideration when trying to determine ‘Commerciality’- for example ‘were the goods openly displayed’. Remember that this it NOT a criminal/PACE interview like it is with the police. You have no right to a brief nor to have it recorded SO YOU MUST RECORD IT YOURSELF or you will be ‘fucked’ (a technical legal term).

CEMA- “Customs & Excise Management Act 1979  ,Customs law, what gives the UKBA their powers to stop and search etc.

SH- “Smoking Hot" , founder of this forum and the blog at n2d.me.  More Info

Kitchen Sink-  when you appeal then you ‘throw’ everything at them you can- anything you think they did wrong. And you keep on throwing.

SAR –a formal letter with proof of ID and a ₤10 fee that you have to send to the UKBA to get a copy of the Officer’s Notebook….which can take up to 40 days to get back to you. Follow the instructions here to the letter or they’ll send it straight back to you.

PCA -Pre-Condemnation Assessment, a trick used by the National Post Seizure Unit to get you to retract your appeal. When you put in an Appeal (Notice Of Claim) then they have to ring the court for a date-they can't reject it. But like all 'Gestapo' the UKBA worry about having their decisions tested in a court so when you appeal they do a 'fake' internal review of the seizure and 'rubber stamp' the officer's decision to take your stuff. Then they'll send you a PCAL telling you that the decision was reviewed and found to be right and hope you'll think that it is all hopeless and withdraw your Notice Of Claim. Don't fall for it!
PCAL Pre-Condemnation Assessment Letter, see PCA

Sked, Skeds-  Mr.Ian Sked  is a senior UKBA officer in charge of reviewing appeals. He is infamous for coming up with mind numbingly stupid reasons as to why the seizure was infact lawful. He has been criticized several times  by the Restoration Review Tribunal 'judges'...who  commented "The absurdity of this reason (Sked's argument) is demonstrated by simply stating it". By extension we refer to all 'jobs worth' or 'Nazi' Customs Officers as 'Skeds'...and you will often meet them in the 'Sked Shed'.

Sked Shed http://i47.tinypic.com/28syk4l.png
(entering the Sked Shed at Dover)

Sony your greatest weapon for defending your baccy is an 'audio recorder'. SH originally used a Sony ICD-PX312 but 'sony' can now mean any make or model of dictaphone/audio recorder.

Zaphod Co-Founder of this forum and the n2d.me blog....and an all round hoopy guy More Info


Bobi FOI
perhaps the single most important bit of paper to have with you besides the SOT. It is UKBA's own Guidance To Officers that tells them they have to let you record them! Don't leave home without. Originally known as the "SBC FOI" until Bobi FOI'd an update version. Get it HERE

FOI
- Freedom Of Information request. One of the very few good things Blair brought in. You can ask any government department for all sorts of internal information-for example 'What guidance is given to officers regarding...'.  N2d'ers regularly put in requests to the UKBA for information.

Simon- Simon Clark who runs FOREST. You will often see on n2d.me  people criticizing decisions he has taken or things he has said. His/FOREST,s relationship with us is strained to say the least as he steadfastly refuses to take the issue of shoppers having their goods and cars seized seriously. His blog can be found HERE

Adinkerke (often mispelt)-you probably know this one already, Adinkerke is the first town in Belgium after the French/Belgium border on the motorway. About a 20 minute drive from Dunkirk. A one whore town that lives almost entirely from selling baccy to the Brits and now, with their own duty hikes, the French. Tobacco is far cheaper in Belgium than France. Home of the REAL chain of Tobacco stores.

REAL-The chain of tobacco stores in and around Adinkerke.Website here. See also 'Peter'.

Peter-Head Honcho at REAL, a friend of N2D and SH. REAL publish our advice to shoppers on their website.

the Cards- Basic advice from N2D for shoppers that can be downloaded and printed off business card size for you to hand out to your fellow shoppers.  You'll find them HERE

Donny Case, The Donnys
-A couple from Doncaster (hence 'Donny') whom SH and Zaphod helped in court to win their case against the UKBA.

GV, CC, AL-usual abbreviations for the three commonest rolling tobaccos in the UK-Golden Virginia, Cutters Choice and Amber Leaf respectively.

RYO (tobacco)- "Roll Your Own", abbreviation also used by the UKBA and us in the SOT. See also HR

HR (tobacco) -"Hand Rolling'.

Volume, Tubing, Tabs, Expanded, Stix (tobacco)
-tobacco designed specifically for 'tubing' or 'injecting', see also MYO

MYO (tobacco)- "Make Your Own", abbreviation for Volume or tubing tobacco

MIL-"Minimum Indicative Level" the amount of tobacco goods the government thinks that those naughty people who still smoke should be bringing back for their own use and above which you might be assumed to be smuggling. Reduced from 3kgs to 1kg of tobacco recently. IT HAS NO FORCE IN LAW AND IS NOT AN ALLOWANCE OR LIMIT. It is purely a 'guide line' amount. Supposedly Customs are more likely to question you if you bring back more than the MIL but in reality only bringing back the MIL is no safeguard against seizure.

Advance Notification- a letter/fax/email sent to the UKBA informing them that you will bringing tobacco into the country for your own use on a certain day. See HERE for an example. Not part of the 'official' N2D SOT but popular with several N2D readers, it and any UKBA reply (usually: 'it will up to the Officer at the port to decide whether or not to allow you...')  are put in the SOT to help remove any suspicion you may be smuggling.

NFA-"No Further Action" -abbreviation used by the UKBA and most LEOs (Law Enforcement Officers) of whatever ilk.

156 Notice-"Seizure Information Notice' (Form C156)" , basically your 'receipt' for the stuff Customs took off you. Make sure its filled out clearly, correctly listing everything and has the officer's ID number on it etc.
http://i50.tinypic.com/v5vd49.gif

(nicked from the Daytripper site)

Hoverspeed, Hoverspeed Case- afamous court case where hoverspeed won a decision against Customs which would have meant, pretty much, that Customs could never stop anyone and nick their stuff again. Partly reversed on appeal and far too complex to cover here. Bits of the judgement apply to you , the main bit being that even if Customs stop you unlawfully they can still seize your goods....that's just your tough shit (or 'bad luck' as the judge put it).

Last edited by The Blocked Dwarf (02-10-2012 2:07 pm)


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

http://i45.tinypic.com/24uxqug.png
 

18-9-2012 1:17 am  #2


Re: Glossary

A to J
This does not come from CEMA (Customs and Excise Management Act 1979) but from the Excise Goods (Holding, Movement and Duty Point ) Regulations 2010.
In particular Regulation 13 Paragraph 4 sub paragraphs a- j (hence the A to J's)
This is the information upon which 'Customs' make a decision however sub-para j is notoriously fuzzy..

http://www.legislation.gov.uk/uksi/2010/593/part/2/made

The SOT is based on the information requirements of the A to J's and Section 98 of the Policing and Crime Act 2009 which amended sect 157A of CEMA (your passport number).

bobi

 

18-9-2012 8:49 am  #3


Re: Glossary

Bobi wrote:

A to J
This does not come from CEMA (Customs and Excise Management Act 1979) but from the Excise Goods (Holding, Movement and Duty Point ) Regulations 2010.
In particular Regulation 13 Paragraph 4 sub paragraphs a- j (hence the A to J's)
This is the information upon which 'Customs' make a decision however sub-para j is notoriously fuzzy..

http://www.legislation.gov.uk/uksi/2010/593/part/2/made

The SOT is based on the information requirements of the A to J's and Section 98 of the Policing and Crime Act 2009 which amended sect 157A of CEMA (your passport number).

bobi

Yes technically you're right (as usual) that the 'modern' A-J comes from the EG 2010 of course. However the term 'A-J' or '1-10' (as I think it is originally in the CEMA) predates the 2010 EG by two decades. But I've changed 'CEMA' to 'Customs law' for the sake of accuracy AND understanding.

Understandability is the key to this 'Gloss', I want Mr "3 Kilos Of Cutters Crap" to be able to quickly understand what our alphabet soup of 3 letter abbreviations actually mean...mean to him. Phrases like "
The SOT is based on the information requirements of the A to J's and Section 98 of the Policing and Crime Act 2009 which amended sect 157A of CEMA (your passport number)"
are entirely correct and at the same entirely 'wrong' (in the sense of 'wrong time, wrong place')-they tell the reader nothing IMO.

Last edited by The Blocked Dwarf (18-9-2012 8:50 am)


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

http://i45.tinypic.com/24uxqug.png
     Thread Starter
 

18-9-2012 9:23 am  #4


Re: Glossary

The original A to J's were in the 1992 PRO's (Personal Relief Orders). They were turned over by Hoverspeed and replaced by REDS (the 1 - 10's). There is a link to the current EG Regs 2010 so they can see whats in the current A-J. You have to have an understanding of the legislation to understand the jargon. 'Customs' will use whatever they think they can get away with. Take the use of Regulation 18, it was designed for use against 'revenue traders' but is now being used against 'joe public' simply because it can. The mis/use of legislation is a typical 'Custom's' trick thought up by someone in Somerset House and is constantly changing as N2D and others make progress.Dear Blocked Dwarf your glossary is an excellent idea and much to be applauded. The idea of my intervention was to show readers where to look for the origin of the terms and in the case1 of A-J's list the questions. I'm sorry if its wrong place wrong time I was trying to inform

bobi

 

18-9-2012 10:03 am  #5


Re: Glossary

Bobi wrote:

The original A to J's were in the 1992 PRO's (Personal Relief Orders). They were turned over by Hoverspeed and replaced by REDS (the 1 - 10's). There is a link to the current EG Regs 2010 so they can see whats in the current A-J. You have to have an understanding of the legislation to understand the jargon. 'Customs' will use whatever they think they can get away with. Take the use of Regulation 18, it was designed for use against 'revenue traders' but is now being used against 'joe public' simply because it can. The mis/use of legislation is a typical 'Custom's' trick thought up by someone in Somerset House and is constantly changing as N2D and others make progress.Dear Blocked Dwarf your glossary is an excellent idea and much to be applauded. The idea of my intervention was to show readers where to look for the origin of the terms and in the case1 of A-J's list the questions. I'm sorry if its wrong place wrong time I was trying to inform

bobi

I agree entirely and there is nothing that you should feel sorry for. You were absolutely correct.

BUT

I live with two supposed adults who both yesterday didn't know what the word 'compliance' meant nor what a 'Compliance Officer' is. From painful past experience i know that would also be the case for 80% of 'da yuff' (ie anyone under 30) and that its not just the fact my kids are a bit 'fick' (although they truly are-in the sense of 'uneducated').

The average  Mr 'lost his car and 3 kgs of Cutters' who googles this forum in a state of High Dudgeon will read things like
"The original A to J's were in the 1992 PRO's (Personal Relief Orders). They were turned over by Hoverspeed and replaced by REDS (the 1 - 10's" and lose the will to live IME. And that is something the UKBA rely on....that the 'legalz' and archaic language will cause people's eyes to glaze over. Obviously we need to explain in the actual 'help' threads what the proper terms are, what they mean and where they come from but for the casual first reading through tired redden in-UKBA-induced-trauma eyes....

BTW thanks for reminding me that I need to gloss 'Hoverspeed' too


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

http://i45.tinypic.com/24uxqug.png
     Thread Starter
 

18-9-2012 11:22 pm  #6


Re: Glossary

Updated some more.


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

http://i45.tinypic.com/24uxqug.png
     Thread Starter
 

19-9-2012 9:01 am  #7


Re: Glossary

talking of updates
BOBI FOI update
received an e-mail from Border Force this morning
"I regret that we are unable to send you a full response to your request within 20 working days, as required by the Act.
etc,etc, I aim to send you a full reply by Friday 12th October."
We await a response
bobi

 

19-9-2012 9:04 am  #8


Re: Glossary

Bobi wrote:

talking of updates
BOBI FOI update
received an e-mail from Border Force this morning
"I regret that we are unable to send you a full response to your request within 20 working days, as required by the Act.
etc,etc, I aim to send you a full reply by Friday 12th October."
We await a response
bobi

Hmmmm...should that worry us? Why would they need longer unless.....?


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

http://i45.tinypic.com/24uxqug.png
     Thread Starter
 

19-9-2012 9:47 am  #9


Re: Glossary

The FOI request was a three parter

1) Update on BOBI FOI from March
2) Request regarding issuance of C/BOR/BF 125's and the detention of goods (not seizure) (Richard and Ollie's case Hull)
3) Conduct of Officers regarding 'interviews' on the way out of country (Officer 4604)

take your pick..

bobi

 

19-9-2012 10:42 am  #10


Re: Glossary

Bobi wrote:

take your pick..

bobi

Can I have fries with that?


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

http://i45.tinypic.com/24uxqug.png
     Thread Starter
 

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