If you operate a haulage company you may be contracted to transport goods to the UK and you may find that your driver has been stopped by the Border Force when attempting to enter the UK. Then you may find that you receive and/or your driver is handed a Notice of Seizure.
It is not uncommon for unscrupulous consignors to hide tobacco or other contraband within the sealed pallets that are loaded onto your vehicles and you may find yourself in this sticky situation even if you have been cautious and are entirely innocent.
If your vehicle has been seized by the Border force, the clock is ticking. There are very tight deadlines to adhere to and navigating the correct procedures and onerous document disclosures may be overwhelming. If you have missed the strict deadlines, it is likely that you will not be able to have your vehicle returned to you regardless of the circumstances. Indeed, unclaimed or incorrectly claimed vehicles tend to be disposed of after a certain period of time.
If your vehicle has been seized and you would like it to be returned to you, you have three options open to you. You can:
In the event that you wish to challenge the legality of the seizure, you can do so by sending a notice of claim to the Border Force, who in turn will commence condemnation proceedings in the magistrates court where a decision on legality will be made.
There are certain requirements that should be met when drafting such a notice; you have inter alia to clearly put your points and explain why you think the Border Force was wrong when applying the law, provide them with an evidence of your ownership of the vehicle and your details (name and address).
Great care has to be taken when challenging the legality. If the seizure was legal and the legality has been wrongly challenged, your vehicle will be condemned and it is likely that you will also become liable for the legal costs of the Border Force in disputing your challenge.
It is therefore critical that you act not only quickly but also with a through understanding of the law as any mistakes can be very costly.
If you do not intend to object the legality, but still want to have your vehicle back, you are able to ask for its restoration.
This is the process that is most commonly utilised as it is rare for the Border Force to have seized your vehicle illegally.
The most challenging aspects are to provide clear and convincing reasons why the vehicle should be restored and as well as providing a plethora of evidence in support of your case. It is important to remember that you cannot argue that seizure was illegal if you are seeking restoration alone.
Most commonly you will need to establish that you have taken all reasonable precautions to ensure that there was no contraband in your vehicle. This will include evidence of due diligence of the consignor as well as your drivers and evidence as to anti-smuggling procedures and training that you provide. You will need to establish that you are an innocent party who has done all that can reasonably be expected.
Once you have provided your reasons, the Border Force will make a decision on your request. The outcome can range from refusing you to restore your vehicle to restoring it for free or on payment of a penalty.
If you are not happy with the decision that has been made as a consequence, you may ask for review by the independent officer. Again, the reasons why you believe the vehicle should be restored to you and the reasons why you believe the initial decision was wrong must be clear. There are also strict deadlines to adhere to.
If you are still unhappy with the outcome of the review, you will then have the opportunity to appeal the decision in the tribunal. It is critical that you are properly advised in particular when undertaking this step as, should your appeal fail, you may also be liable for the legal costs that the Border Force has incurred in disputing your appeal.
It is perfectly understanding that you may not know which route is suitable for your case and this is when legal advice and assistance should be sought. Your chances of success are greatly multiplied if you have sought advice and are legally represented from the start.
We have extensive experience in handling such matters and regularly achieve fantastic outcomes for our clients. Please contact us for a piece of mind that you are in safe hands.
Contact our Commercial Team on 0330 107 0106 or business@imd.co.uk.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
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