Immigration Corner | Retrieving items received by customs

Dear Mr Bassie,

I would like to know what I could do if British Customs took things from me which I would like returned.

Please help.

– SQ

Dear SQ,

The British Customs authorities will destroy or sell anything it seizes from persons for breaking the rules on bringing or receiving goods from overseas unless they ask for their things to be returned to them. Those persons can do this even if they agree cCustoms was right to seize them. If persons think Customs was wrong to seize their things, they will have to go to court to see if they can be returned.

This applies to goods, cars, and other vehicles taken into the UK; any vehicle used to transport things; and packages sent via post or courier. Persons have 45 days to collect anything they have left in their vehicle if it has been seized. They should send a letter marked ‘personal property’ to the address on the notice or letter they received from customs.

Customs officers can also seize goods, vehicles, and cash brought into the UK if they suspect a crime. They will explain what happens next and what persons can do. Please check the notice or letter received from Customs if they do not know who seized their things. Also, contact Her Majesty’s Revenue & Customs (HMRC) for answers to questions about Customs.

REQUEST FOR RETURN OF ITEMS

As previously stated, persons can ask for their things to be returned to them (make a ‘restoration request’) even if they agree Customs was right to take them.

Persons who think that they should get their things because they did not break the rules (for example, they brought in alcohol for their own use) must ask for a court hearing instead of making a restoration request.

If the request is accepted, they can get their things back, but they may have to pay a fee and any duty owed. Further, they may be offered compensation if the things have already been destroyed or sold.

MAKING THE REQUEST

Persons can follow the example letter online or write their own.

Persons must explain why they think they should get their things, for example, they can now provide missing import or export documents.

Persons must include:

• The seizure reference number on the notice received from customs

• Their name and address

• A list of the things they want back – include details, for example, quantities and brands

• Proof of ownership – for a vehicle, this must be proof of purchase, for example, a receipt

• Anything else that supports the request to get their things back, for example, import documents

Please note that Notice 12A gives detailed guidance about making a restoration request and getting compensation.

Persons should send their request to Border Force if the items were seized.

National post seizure unit

Border Force

3rd Floor

West Point

Ebrington Street

Plymouth

PL4 9LT

If HMRC seized the items, then send the request to the address on the notice or letter received from Customs. Please check the notice or letter received from Customs if in doubt as to who seized the things. Persons can contact HMRC if they need a copy of the notice.

DEADLINE

There is no deadline for making a restoration request. However, the things will usually be destroyed or sold:

• Straight away if they are perishable, for example, food, beer, or tobacco

• 45 days after they are seized if they are not perishable, for example, spirits and cars

If a restoration request is received, non-perishable things are usually kept until the request is considered.

IF UNSATISFIED WITH THE RESPONSE

Persons can ask for the response to their request to be reviewed if:

• They do not get their items back or get compensation

• They disagree with the fee for getting their things returned

The letter advising the response will also inform how to ask for a review. Persons can appeal to the tax tribunal if they disagree with the outcome of the review.

REQUEST A COURT HEARING

Persons should send a ‘notice of claim’ if they think it was illegal for customs to seize their things. For example, if they brought in alcohol or tobacco for their personal use. A seizure is legal if the rules on bringing or receiving things from abroad are broken.

Persons will have to go to court. If their claim is successful, they will get their things returned. If they have already been disposed of, they can ask for compensation. Please be aware that persons may have to pay court costs if they are not successful.

SENDING A NOTICE OF CLAIM

Persons should follow the example notice of claim online or write their own. They will need to include:

• The seizure reference number on the notice received from Customs

• Their name and address

• A list of the things they think Customs was wrong to seize. Include details, for example, quantities and brands

• Proof of ownership if their vehicle was seized

• Why they think it was illegal for Customs to seize their things

Again, Notice 12A gives detailed guidance about making a claim and what happens in a court hearing.

If Border Force seized the items, please use the aforementioned address

If HM Revenue and Customs (HMRC) seized them, for excise goods such as alcohol, tobacco, and fuel, the notice of claim should be sent to:

Solicitor’s Office and Legal Services

HM Revenue and Customs

Cotton House

7 Cochrane Street

Glasgow

G1 1GY

For all other goods, send your notice of claim to:

Solicitor’s Office and Legal services

HM Revenue and Customs

Reviews and Litigation Team

Alexander House

7th floor South West

21 Victoria Avenue

Southend on sea

Essex

SS99 1AA

DEADLINE

The notice of claim must be received by HMRC or Border Force within a month of the items being seized. The things are usually kept until the claim is decided unless they are perishable. For example, they are food.

Persons can appoint someone (for example, a solicitor) to deal with their claim and represent them in court. They should send an agent authority form with the notice of claim.

Persons who reside outside of the UK must appoint a UK solicitor to manage their claim and represent them in court. They should send an agent authority form giving the solicitor’s details with their notice of claim.

Just for completeness, persons can complain about how Customs officers treated them during a Customs seizure. Complain to Border Force or HM Revenue and Customs, depending on who seized the items.

I hope this helps.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator,deputy global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com