Immigration Corner | Retrieving seized items from Customs

Dear Mr Bassie,

I would like you to inform me about what happens when Customs seizes a person’s belongings.

– O.V.

Dear OV,

Customs will destroy or sell anything it seizes from a person for breaking the rules on bringing or receiving goods from abroad unless the persons ask for their things to be returned to them and even if the individual had agreed that Customs was right to seize the goods. Persons can also do this if they think Customs was wrong to seize their things, but they will have to go to court.

This applies to goods, cars, and other vehicles that are taken into the United Kingdom; any vehicle that is used to transport the things; and/or packages that are mailed.

Persons have 45 days to collect anything that was left in a vehicle if it has been seized. Persons 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 taken into the United Kingdom if they suspect a crime. They will explain what happens next and what persons can do.

Persons can complain about how Customs officers treated them during a Customs seizure. They should complain to Border Force or HM Revenue and Customs (HMRC), depending on who seized the items. They should check the notice or letter that was received from Customs if they do not know who seized the items. Please note that persons should contact HMRC if they have questions about Customs.

Ask for the return of items seized

Persons can ask for their things to be returned to them, that is, make a ‘restoration request’ even if they agreed that Customs was right to take them.

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

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

MAKING A REQUEST

When making a request, it is recommended to follow the Notice of Claim example letter, which can be found online, or persons can write their own. Notice 12A gives detailed guidance about making a ‘restoration request’ and getting compensation.

Persons must explain why they think they should have their things returned to them, for example, they could 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 returned to them – 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 the things back, for example, import documents

WHERE TO SEND IT

Send the request to Border Force, if it seized the things.

National post seizure unit

Border Force

3rd Floor

West Point

Ebrington Street

Plymouth

PL4 9LT

If HM Revenue and Customs (HMRC) seized the items, send the request to the address on the notice or letter received from Customs. Check the notice or letter received from Customs if it is unknown who seized the things. Contact HMRC if a copy of the notice is needed.

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

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

• forty-five days after they are seized if they are not perishable, for example, spirits and cars.

Please be aware that if a restoration request is sent, non-perishable things are usually kept until the request is considered.

Persons can appoint someone to deal with the request, for example, a solicitor. Those persons will need to send an agent authority form with the request.

Persons can ask for the response to their request to be reviewed if they do not get their things back or get compensation or if they disagree with the fee for getting the things back. The letter giving the response will also advise on how to ask for a review. Please note that persons can appeal to the tax tribunal if they disagree with the outcome of the review.

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, and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com