Immigration Corner | Retrieving items seized by the UK Customs

Dear Mr Bassie,

I was informed that if Customs in the United Kingdom seizes items I can request their return. I would be grateful for any information that you are able to provide concerning this.

GR

Dear GR,

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

Those persons who think that they should get their things back because they did not break the rules, for example, they brought in alcohol for their own personal use, 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. Please note that persons may be offered compensation if their things have already been destroyed or sold.

MAKING A REQUEST

When writing to Customs ,persons must explain why they think they should get their things back, for example, they can now provide missing import or export documents.

They must include:

• The seizure reference number on the notice they 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 their request to get their things back, for example, import documents

Please note that the ‘Notice 12A’ provides detailed guidance about making a restoration request and getting compensation.

WHERE TO SEND IT

Those persons who are sending their request to Border Force for the return of seized items should use the following address:.

National post seizure unit

Border Force

3rd Floor

West Point

Ebrington Street

Plymouth

PL4 9LT

If HM Revenue and Customs (HMRC) seized the items, persons are advised to send their request to the address on the notice or letter they received from customs. Persons should check the notice or letter they got from customs if they do not know who seized their things. Please contact HMRC if a copy of the notice is needed.

DEADLINE

Please be aware that there is no deadline for making a restoration request. However, a person’s items will usually be destroyed or sold straight away if they are perishable, for example, food, beer or tobacco or 45 days after they are seized if they are not perishable, for example, spirits and cars. It is worth noting that if a restoration request is sent, non-perishable things are usually kept until the request is considered.

GETTING LEGAL HELP

Please be aware that persons can appoint someone to deal with their request for them, for example, a solicitor and as such they should send an ‘Agent authority’ form with their request.

If persons are unhappy with the response received they can ask for it to be reviewed. They can also ask for a review if they do not get their things back, receive compensation or if they disagree with the fee for getting the return of the items. The letter providing the response will also inform on how to ask for a review. Just for completeness, if persons disagree with the outcome of the review, they can then appeal to the tax tribunal.

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