Why does it cost £1500 to challenge Customs' right to seize my cigs?
At that price, I can't even consider trying to legally test whether they should have done what they've done.
I have cigarettes, for my own use, sent to me from Spain. I get enough to maintain my 30 a day habit roughly one month at a time and this month they were seized by customs at the airport.
If I challenged the decision and lost the appeal, I'd be charged at least £1500 in legal costs.
Answers:
Because Customs are a law unto theirselves. We are supposed to be in the EU aka the common market, and as long as duty is paid at the point of purchase, they have no right to interfere. But, the way these insects operate, they "infer" that you are selling them on, and thus making a profit. Innocent, till proven guilty does NOT apply. Besides, you are a soft target, and they know that 95% of "seizures" will not be challenged, simply because of the costs involved. Take them all the way, you WILL win!.
You're lucky they weren't Cuban cigars & you're not in the US. Here, they fine you $1000.00 per cigar.
. Yes, the LOSER has to pay all court costs. That's to keep losers from filing stupid claims in the first place.
IF you have a solid case, by golly, you WILL win !! yaaaa.
Besides I hear the Spanish cigs have that terrible poison in it. wat's zit called? oh ya, Nicotine. bad stuff.
But you still have to pay tax on it. Darn shame. .
Because the Customs and Excise would like you to live a healthier life, live longer,stop poisoning other people and make a fair contribution to the cost of the treatment and care you will ultimately need as a result of your decision to smoke.
Probably to make you stop and think whether or not you have a solid case for reclaiming the goods.
If you challenged this you would lose and you would possibly face charges of "consiracy to defraud the Exchequer" (smuggling). The consignment might not have exceeded the entitlement limit but the fact is - as you confirmed in your Q - the consignment was not carried into the UK by you. In other words, you did not go and get them yourself. Thus, as the consignee, you could be viewed as accessory to the crime of smuggling. There may not be enough evidence, based on a single consignment, to implicate you. Another consignment could tip the scales and you can bet whatever you consider holy that your address will now be on a "target list".
A challenge might be just what the authorities are waiting for to declare yourself guilty of smuggling.
Write this consignment off and tell your supplier not to send any more. Go and get your next lot yourself from Luxembourg. Not as cheap as Spain's but at least you'll get to smoke them as you will have BROUGHT them in legally.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: