It is absolutely scandalous about this selling off of confiscated cars.
I'd just like to point out that since the advent of the European free market, there is no such thing as 'legal limit.' The C & E have exceeded their remit and I find it appalling that many now say the higher 'limits' for ciggies is acceptable. It isn't because there is no limit provided you have paid the taxes due in the country of purchase.
BTW increased 'limits' haven't been applied to booze.
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I agree with Watcher 100% on this. I was actually there, but not in the Hall 3 where the vans were going through, so didn't witness this travesty of justice. The answer is to go to sue because the sale took place after a ruling that this action by HM C&E was illegal.
HJ
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I disagree with HJ.
We need Brussels to exercise the European Arrest Warrant, try these customs officers in France and dust off Madame la Guillotine.
HMC&E are a strange, illogical breed. I once saw them recovering overdue VAT of £6,000. They conficated the company's machinery, costing £30,000, sold it for £800, less auctioneer's commission, and wrote off the remaining £5,200 of VAT. Result? VAT not recovered, small business closed down, several people on the dole. Good result.
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Thing is a civil ruling against the C of E could cost them more than a criminal ruling because it would set the rate of compensation for the victims. The strange thing is this can't be customs & excise bully boy tactics. They are people, after all. Some really nasty piece of work must have issued an edict that they do what that have been doing, and he's the ******** who needs to be hung, drawn and quartered.
HJ
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Not if you listen to victims on radio phone-ins. Officers on the ground are sub-human if these people are telling the truth.
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I was recently stopped by HMCE in Calais before boarding Eurotunnel. I cannot fault the politeness but the officer was clearly disappointed only to find the boot full of the dirty washing I said it was.
The old border posts between other EU states are now rest areas. While I accept we should have external border controls to the EU why have controls at Eurotunnel or any other port where the only arrivals come from the EU?
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"Some really nasty piece of work must have issued an edict that they do what that have been doing, and he's the ******** who needs to be hung, drawn and quartered."
He's Scottish, first name Gordon. Guess the rest...........
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The so-and-so in question is probably Gordon Brown as without the booze cruises his books might start to balance a bit better. I can't believe he doesn't realise that if he were to lower tax on alcohol and cigarettes to the point where it is uneconomical to buy from abroad he would actually get a greater amount of revenue.
teabelly
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I think the moral of the story is... if you're gonna go to France to bring back cheap booze and fags make sure you do it in a cheap car! Buy an elderly Volvo estate for £300 and then go!
I thank you.
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Surely it is no longer quaint that this country has no written constitution. With UK governments and their agencies ever more ready to push the boundaries of their behaviour it becomes a more pressing concern to have a written constitution guaranteeing due process.
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If you take a hired car do they still have the right to impound the vehicle? If you bought a cheap vehicle in France would they be any less or more likely to stop you when you returned to the UK? If they are less likely then it would be easy to claim racial discrimination. Are there any ferry ports in Scotland ? I am sure the Scots would love to annoy the English by being a conduit for cheap booze....
teabelly
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It is quite clear that booze/fags must be for the personal consumption of the person importing the goods.
A friend maintains that the strict(and nonsensical) interpretation of this ruling is that if you use the booze for a birthday party, as the lady stated she intended to do, it is not for her personal consumption. Does anyone know if this is true?
I have read the lady in question owned 2 shops - does anyone know what these shops sold. e.g. were they a factor in the HMCE decision.
Please do not interpret the above as any form of defence of the Customs. My views are the same as the majority of posts in this thread.
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"Are there any ferry ports in Scotland ?"
More from radio phone-in progs.......seems the customs officers in Scotland are just as bad.
One listener returned home after a spell in the Falklands. They ignored an appointment to examine his crates and broke them open before he arrived, dumping all his possessions on a scruffy warehouse floor. I believe some of it went missing.
This was instigated by an HMC&E top dog. When they couldn't find any guns, they nailed him for the model plastic aircraft kits he'd bought by mail order from the UK. All credit card receipts to hand, but they wouldn't accept he'd paid VAT on the kits.
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Marcus.
Your comments noted, but surely even in the '1984' double-think world of HMCE, they can't prevent you inviting a friend in to take a tipple of your legally-acquired booze? I would interpret the 'personal use only ' rule as not re-selling.
Or perhaps we should expect HMCE raids on birthday parties from now on.
P.
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I have heard in media coverage that it's personal use or gifts i.e. passing the items on for no charge (not even covering your own expenses) is OK.
Matthew Kelly
No, not that one.
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Here's how it works. A bunch of likely lads go down to Dover in a minibus, with another following in a panel van, and yet another following in a nondescript car. Car and driver, and maybe one passenger, go over on the ferry, while the rest go over as foot passengers. They ignore each other studiously. The van and minibus stay put in Blighty. Car and driver go to Belgium and buy tobacco, return to Dover on the ferry. Using this slow route arouses less suspicion. The others go backwards and forwards all day as foot passengers on the catamarans, ferry, and, maybe if they have another small car, the chunnel, all the while putting small loads away in the panel van. This goes on for three days, by which time the panel van is chock full. One final trip over all together in the minibus to buy "personal consumption" beer and fags, and they all go north again, to resume their jobs.
I'm not saying this is what happened in this case, but we don't have all the facts about this woman. I agree, we're in the EU, so this shouldn't happen, but then someone negotiated an opt-out, didn't she?
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"Own use" includes goods for your own consumption and gifts. But you cannot bring back goods for payment, even payment in kind, for re-sale, or for business purposes.
Source HM Customs & Excise.
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...and it is actually in contravention of HM C&E's own charter regarding what happens if something is under appeal.
You watch, it'll turn out to be blamed on an admin cock-up, some clerk will get the blame at worst a verbal warning.
Mind you I couldn't understand why they couple were so attached to a Vito to want to pay £10,000 in order to get their own van back. I suppose this was in anticipation of winning the case against C&E.
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