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27-5-2014 10:13 pm  #1

Perceived loopholes in BF procedures

Just a word of advice to anyone looking for loopholes in BF procedures after having goods seized.

When you are preparing a defence to fight condems it is normally no good relying on finding something wrong with BF's internal procedures to fight your case. There are an increasing number of cases whereby people are asking advice on issues like :-

They would not disclose reasonable grounds
They did not tell me reasons for seizure
I was not given this form or that form.

Reasonable grounds is a contentious issue and they will not disclose even in court. If their profile on the day is ''pull all men wearing jeans and T-shirts'' and you fit the profile you will get pulled.

Wasting time trying to use BF procedural issues will only increase your sense of outrage. The fact is they do not have to comply with their internal procedures and advisory notices to bring a case against you and win it. The crux of the matter is they seized your goods, probably on the basis that they were for commercial purposes and you have to defend on that basis.

All cases involve CEMA 1979 especially sections 78, 139 and 163/163A. It's a fair bet if BF have complied with these statutes they are entitled to start condemnation proceedings. You should also there fore base your argument on those same statutes

Complaining that BF did not follow their own stated procedures is a matter between you and BF. The courts will not be interested.

Some users are posting extracts from the officers notes and asking for advice. Without seeing the full set of notes we cannot offer accurate advice. Furthermore if you do not apply for a SAR for each person involved you are at a big disadvantage and have no evidence to work with. I can't see why somebody would risk losing say, 2k worth of goods, a 2 or 3k duty penalty and 2-1/2k court costs for the sake of a £10 SAR.
Without the full story we can't offer accurate advice!


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