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Help Section » Newbie with some questions please. » 13-7-2015 7:37 pm

PP
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turbulentupstart wrote:

Well from what you have written above, you should be able to argue that the court might have declined to condemn the goods had they known that you would be held liable to duty. As eezyrider pointed out on another thread, the courts are supposed to take some account of proportionality when making a decision to condemn goods.

This will be your case for an appeal against the duty demand.

Well it's officially over (or is it). I was charged court costs of c£1,6000 in 2014 and as mentioned had a demand for duty and a penalty for c£7,500 (about 6 months after the court case). I appealed the duty/penalty and had it reduced by c£800, I then appealed it again and had it "wiped out" completely for "technical" reasons. This was quite a weight off as I'm sure you can imagine. That said over the last couple of days since the letter from BF I am wondering should I consider a request for court case fees back or restoration of my good or their value. Any thoughts/guidance/opinions?
Cheers in advance. 

Help Section » Newbie with some questions please. » 06-5-2015 5:43 pm

PP
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Well, I lost but I lost well (according to the border force brief and the clerk of the court. http://cdn.boardhost.com/emoticons/happy.png

Both agreed I had proved the tobacco I bought was bought in good faith but as I admitted 2 or 3 of the packs were for a mate who would pay me I fell foul of the "not for commercial purpose rule". As such I lost the tobacco and had to pay c£1,600 in costs. Both the barrister and clerk said they would not come looking for excise duty but 6 months later the letter arrived with a penalty of c£1,800 and duty of c£5,200. I appealed this initially and the penalty was reduced to c£1,000 plus the duty. I shall now appeal this as the person who dealt with my appeal amended my behavior from deliberate to non deliberate. As such I will now go back and appeal again and I believe if I do not agree with BFs internal decision I can go to an independent tribunal. 
So, I could be hit with another c£6,200. Any advice, and what if I simply can't pay it ? As always any guidance would be appreciated. 
 

Won » Won my case » 22-10-2014 5:14 pm

PP
Replies: 17

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I travel between 8 & 10 times a year nowhere near twice a month, unfortunately Ryanair are useless when it comes to requesting details via email. I will have to phone the £1.10 per minute phone line. My payments are always by either debit or credit card. I could do with some info from the guy who started this thread for some pointers re what he was asked and how he responded.

Won » Won my case » 22-10-2014 11:09 am

PP
Replies: 17

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Trying to get details of all the flights I have had with Ryanair over the last 12 months but of course it's like "pulling teeth". The notebook I signed (unfortunately) states I travel twice a month which is nonsense and as such I want to disprove this. Will BF have a record or does anyone know how I could get the details, as I believe if I can discredit this point I can cast doubt on another they have detailed ? Cheers in advance.

Won » Won my case » 20-10-2014 2:55 pm

PP
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PP wrote:

msense wrote:

Just to give you guys some good news. I only came across this site a couple of days before my comdenation case at Trafford Mags, but I took heart. Anyway I won my case on my own, against 2 officers and their barrister. I will post details of the case soon.     

Any chance of details/guidance on the case mate. I have mine soon and although I have taken some great tips/advice off here and am well prepeared (I think) any guidance would be greatly appreciated. Also (general question) is it worth discussing specific cases and defence on here or will there be "lurkers" ?
Cheers in advance.

 

Any guidance/update ?

Won » Won my case » 16-10-2014 5:50 am

PP
Replies: 17

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msense wrote:

Just to give you guys some good news. I only came across this site a couple of days before my comdenation case at Trafford Mags, but I took heart. Anyway I won my case on my own, against 2 officers and their barrister. I will post details of the case soon.     

Any chance of details/guidance on the case mate. I have mine soon and although I have taken some great tips/advice off here and am well prepeared (I think) any guidance would be greatly appreciated. Also (general question) is it worth discussing specific cases and defence on here or will there be "lurkers" ?
Cheers in advance.

Help Section » Solicitors Rogers and Norton sound good (HMRC Duty Demands/Fines) » 20-9-2014 8:49 am

PP
Replies: 19

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piotrek wrote:

eezyrider wrote:

I think the problem is that condems are on behalf of the Director of Border Revenue ie BF, whereas the duty penalties are the responsibility of HMRC. At least that's how I see it.

As far as I`m concerned they on behalf of Home Office, at least mine was listed Home Office v my name, it does`t go as far as HMRC to you loose it or give up, at least it should`t go that far, we know about cases that it did as duty deemands were issued.
 

Mine was Home office v ..............  Hopefully if I don't win that will be that.

General Discussion » bundle for court » 20-9-2014 8:39 am

PP
Replies: 23

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warrior wrote:

they usually send it a few weeks before the main court date,but i would recomend contacting their solicitors just to make sure you get it in plenty of time for you to prepare your own.

Had my prelim yesterday and I must say I feel very confident. I spoke to their barrister who explained how the prelim worked etc and he told me he was not employed by them, he was just hired for the day so he might not be the guy on the day of the actual hearing.
I told him (when asked why I would go to trial) that I believed my evidence was within the framework of the law and how I acrted in utmost good faith and I feel the magistrates/judge would believe my testimony over their assumptsions and speculations. After the oath I was given a time and date back at the magistrates court, but when I asked would I get a letter of confirmation their barrister said no, so am I right to assume I will not get a bundle ?
Cheers in advance.

General Discussion » bundle for court » 18-9-2014 7:43 pm

PP
Replies: 23

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piotrek wrote:

mine was about 2 months after, than appeal 3 months after that.

Thanks again, how did you get on ?
 

General Discussion » bundle for court » 18-9-2014 5:23 pm

PP
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piotrek wrote:

mine was without anyone expect clerk of justice as Magistrates were busy, it was`t even hearing as I was only told that UKBF would`t attend as they adviced court and phone call was made to them if the date suits them, then I was asked if it suits me and that was it. I had bundles with me just in case as it was my first time so did`t know what to expect.
you don`t even have to go there, just let court know and they will get in touch with you about the date.

Cheers mate, in and out hopefully. Can I ask how long the actual hearing will be after the prelim, is it usually fairly quick or a few months ?

Help Section » Solicitors Rogers and Norton sound good (HMRC Duty Demands/Fines) » 18-9-2014 10:27 am

PP
Replies: 19

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eezyrider wrote:

PP wrote:

eezyrider wrote:

Duty penalties-I've asked the question umpteen times and not yet got a reply. The only info I have had back from members is that whilst there is a set of calcs for working out a maximum penalty possible, most who have given up have not been hit with the max amount. there does not appear to be any consistency.
 

Are you aware of anyone being offered "a deal", ie: "if you give up now we wont claim duty" ?

I know of one member who was told a few months ago that no penalty would be due ''because the goods were seized''. They gave up their appeal at a very early stage and also lost their car.
 

 
For some strange reason I am confident I will get something out of my trial. But part of me thinks if I was offered a "call it off and there will be no further action" I would take it to save the hastle.

General Discussion » bundle for court » 18-9-2014 10:21 am

PP
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warrior wrote:

have you recieved the ukbf bundle yet?  if not ask their solicitor for it at the hearing.

 
Great idea, never thought of that.
On the prelim hearing, can someone give me an "idiots guide" please. I would like to know what the format is, how long it takes, what questions are asked, should I bring anythig etc ?
Cheers in advance. http://cdn.boardhost.com/emoticons/happy.png

General Discussion » bundle for court » 17-9-2014 8:59 pm

PP
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kathyd373 wrote:

its just the preliminary ... . but i need time to get my self sorted and straight in my head so i know what im doing .. so i dont look a complete and utter t***.....once its explained and im sorted  and know what im doing then i can relax and forget about it
 

Best of luck, let us know how you go on please.

General Discussion » bundle for court » 17-9-2014 6:01 am

PP
Replies: 23

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May I ask if this is the actual case or the initial hearing as I am having an initial hearing this week and have nothing prepared as I thought it was just to set a formal hearing date ?
Best of luck to the OP in their case.

Help Section » Solicitors Rogers and Norton sound good (HMRC Duty Demands/Fines) » 16-9-2014 10:39 am

PP
Replies: 19

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eezyrider wrote:

PP wrote:

Has anyone used this firm lately and had a "result" ? Also is it automatic that if after a court case (if you lose) that a duty demand will be issued, and if so is there a timescale they have to work to ?
Cheers in advance.

Duty penalties-I've asked the question umpteen times and not yet got a reply. The only info I have had back from members is that whilst there is a set of calcs for working out a maximum penalty possible, most who have given up have not been hit with the max amount. there does not appear to be any consistency.
 

Are you aware of anyone being offered "a deal", ie: "if you give up now we wont claim duty" ?

Help Section » Solicitors Rogers and Norton sound good (HMRC Duty Demands/Fines) » 15-9-2014 8:07 am

PP
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Has anyone used this firm lately and had a "result" ? Also is it automatic that if after a court case (if you lose) that a duty demand will be issued, and if so is there a timescale they have to work to ?
Cheers in advance.

Help Section » Newbie with some questions please. » 21-8-2014 8:31 pm

PP
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shopperleighonsea wrote:

PP wrote:

Not sure what your point is.

It's detrimental. Arty51 lost recently. A reason for that was in-adherence to the instructions of the judge! The intention/s of yours, if interpreted as malevolent, may prove troublesome for you.

Taking what is rightfully mine and stopping my family and I 5 out of the 6 times we have flown into this country since February without due cause borders (no pun intended) on aggression let alone malevolence  !

Help Section » Newbie with some questions please. » 21-8-2014 4:06 pm

PP
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bordershopper wrote:

PP wrote:

shopperleighonsea wrote:


It is ill advisable to intentionally pee people off, so to state. Are you aware, there are bf that are members of N2D and that the intention/s of yours have been publicized to all and sundry!?

Not sure what your point is. Any chance of a bit of guidance on my original question please ?
 

 
I believe the point is that all you are saying is being monitored and if it were to be shown in court do you think the magistrates would look upon your attitude favourably.
In answer to you original questions you are not obliged to let them know if you are attending .
I believe that a duty demand is expected to be paid in full and not over a period of time.

I appreciate what you are saying and I would fully expect them to be on here and I would be flabergasted if they were not spying on here. That said my reference is hardly something a righminded member of the legal system would hold against someone, it's hardly a threat more a statement of annoyance.  

Help Section » Newbie with some questions please. » 20-8-2014 5:35 pm

PP
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shopperleighonsea wrote:

PP wrote:

Am I right to assume I do not have to confirm my attendance (I will be attending) as the letter from the Home Office states they "would be grateful" if I would let them know if I am not attending. I don't want to let them know either way if it pisses them off.

It is ill advisable to intentionally pee people off, so to state. Are you aware, there are bf that are members of N2D and that the intention/s of yours have been publicized to all and sundry!?

Not sure what your point is. Any chance of a bit of guidance on my original question please ?
 

Help Section » Newbie with some questions please. » 20-8-2014 4:36 pm

PP
Replies: 70

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Just a quick question please if someone can help me out. My initial court case has been set for next month which I understand is just for me to confirm I wish to set another date to plead my case. Am I right to assume I do not have to confirm my attendance (I will be attending) as the letter from the Home Office states they "would be grateful" if I would let them know if I am not attending. I don't want to let them know either way if it pisses them off.
Also if the worst case scenario happens and they find against me I expect to be hit with costs and also the duty on the good lost which will be c£9,000 in total. Can this be paid over time or will they insist on full payment. As always cheers in advance.

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