Similarly, if you later appeal against a duty assessment or wrongdoing penalty issued to you after a seizure of excise goods, you will not be able to do that on the grounds that Excise Duty was not payable on them or had already been paid unless you have challenged the legality of the seizure by submitting a notice of claim. This includes cases where you claim excise goods were for your own use. If you prefer to write in your own words, you must make it clear that you want the seized thing or things restored to you. The seizure letter from Customs was from the west coast. An example of a restoration request letter is at paragraph 4.14 of this notice. 7th floor South West Those proceedings only decide what should happen to seized things. You must make that appeal within 30 days of the date of the refusal letter. 162.45 of the seizure and intent to forfeit and sell, or otherwise dispose of according to law, the property described below which is This letter will warn you that if you do not file a claim within the stated time allowed, the property will be forfeited to the US … That will lead to a court hearing where HMRC or Border Force has to prove the seizure was lawful. Once you’ve received the seizure letter, you have 30 days to respond, make sure you do this via recorded delivery in writing as soon as possible. Last edited by fitnessNY; 03-29-2019 at 01:29 PM. You should be as specific as possible, including quantities where possible such as the weight of rolling tobacco, number of cigarettes, litres of beer, wine or spirits and brand names. If you have hearing difficulties, a textphone service is available. The tribunal is independent of HMRC and Border Force. It does not apply to seizures carried out under any other law. G1 1GY. Reviews and Litigation Team Good luck bud. In addition to the information in this notice, you may wish to get legal advice. They've put the ball in your court as to what you want to do about it, as they say. 03-29-2019, 02:31 PM #2. If you live outside the United Kingdom (UK) or the Isle of Man you must provide additional information as well as sending a notice of claim. You can only appeal to the tribunal about decisions involving restoration when the review has been completed. Border Force Notice - We welcome your feedback, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, The legal act that transfers ownership of a seized thing to, A seizure information notice is handed to you or your agent if one of you is present when, If neither you nor your agent is present when, A letter formally challenging the seizure of something by, The legal term for the court process, started by a notice of claim, which decides whether seized goods are liable to forfeiture and, therefore, if a seizure by, a seizure information notice handed to you or your agent if the thing was seized in your or their presence - the reason for the seizure should have been explained to the person present at the time of seizure, a notice of seizure sent to you if you or your agent were not present when the thing was seized, a vehicle running on duty-rebated fuel (such as red diesel) was allowed to use it, state which of the seized things their challenge refers to, use continuation sheets where necessary to include all relevant information, write to us in English - this will allow us to process your request more efficiently and reduce delays, use a service that gives you proof of postage - failure to do so may result in your notice of claim being received outside the legal deadline, which may mean that we will not be able to proceed with your challenge, evidence of ownership if your vehicle has been seized, continuation sheets where necessary to ensure you include all the relevant information, England or Wales are usually held in a magistrates’ court and you will receive a summons, Northern Ireland are held in a magistrates’ court and you will receive a notice of application, Scotland are usually held in a sheriff’s court and you will receive a writ, market value of the goods at the time of seizure, you have already challenged the seizure and you are waiting for a court hearing, the time limit for challenging the seizure has expired and ownership of the thing has passed automatically to, quote any reference number shown on the seizure information notice or notice of seizure, explain why you think the thing should be restored to you, giving the full circumstances and enclosing any available evidence to support your request, include proof of ownership of the thing (such as purchase receipts).

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