Immigration Corner | Retrieving items confiscated by Customs

Dear Mr Bassie,

I was entering the United Kingdom, and some items that I was carrying, I believe, were unfairly seized by Customs. I would like to know whether it is possible for me to have these items returned.

GG

Dear GG,

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

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

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

TO MAKE A REQUEST

Persons should follow the example letter available online or write their own. If they choose to write their own, they must explain why they think that they should get the things back, for example, they could now provide missing import or export documents.

The letter must include:

• The seizure reference number on the notice received from Customs

• Their name and address

• A list of the things they would like returned want – this should 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 items returned, for example, import documents

Please read online ‘Notice 12A’, which provides detailed guidance about making a restoration request and getting compensation.

Where request is to be sent:

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

National Post Seizure Unit

Border Force

3rd Floor

West Point

Ebrington Street

Plymouth

PL4 9LT

If HM Revenue and Customs (HMRC) seized the things, then the request should be sent to the address on the notice or letter received from Customs. Persons should check the notice or letter received from customs if they do not know who seized the things. Please contact HMRC if a copy of the notice is needed.

DEADLINE

There is no deadline for making a restoration request. However, please be aware that seized items 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 sent then non-perishable things are usually kept until the request is considered.

If persons are unhappy with the response, they 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. Please note that the letter of response will also advise on how to ask for a review. If persons disagree with the outcome of the review, they can appeal to the tax tribunal.

Just for completeness, persons can appoint someone to deal with their request for them, for example, a solicitor. Persons should send an agent authority form with their request.

All the best.

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, the past global president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com