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busman
Colleague at work had his car seized by hmrc in Dover.Under eu laws this is supposed to be illegal.Anybody on here available to give advice on the legality of seizure, any relevant laws etc.And how can the colleague get his car back legally.
DJBrenton
http://www.yourrights.org.uk/faqs/policing...iscations.shtml

I don't believe it's illegal for them to sieze the car, what was argued at the EU was the draconian interpretation of 'own use' that was in force. How much and what was he carrying? According to HM Customs they no longer sieze cars for the first offence ( not true).
Teufel
what was he carrying ?
Teufel
http://www.pistonheads.co.uk/gassing/topic...90866&i=240

a long thread with all the law and the appeals process
roythebus
HMRC are a law unto themselves and as such seem to be exempt from anything. Every time I come back from a couple of days in Belgium I get first degree questioning about where I've been, what have I done, what have I spent, and so on.

I even had my passport confiscated once on the pretence it had been reported lost or stolen; it hadn't. It turned out to be a clerical error about 4 years prior by HMRC!

What WAS he carrying?
busman
According to another colleague at work, he was carrying over a grands worth of ciggies, and different brands at that so they weren't for himself.Apparently, he has been watched for the last few months, so it doesn't look too good for him.Possibility of bed and breakfast at her majestys hotels.
j.prescott
never mind under EU Law, under 800+ years of English Law to suffer a Forfeiture before conviction is "Ultra Vires!", ie Null and Void

when was He convicted in a Court of Law?

no conviction, no Fine or Forfeiture
The Rookie
Not true......they can retain anything pending a conviction (like the ciggies) the actual passing of title will only occure after a conviction....otherwise they couldn't seize the ciggies either!

Simon
Gaza
QUOTE
According to another colleague at work, he was carrying over a grands worth of ciggies, and different brands at that so they weren't for himself.Apparently, he has been watched for the last few months, so it doesn't look too good for him


Sounds like HMRC called this one right. He was smuggling; plain and simple. They may offer him a deal; "we won't prosecute if you agree to sign over the ciggies and car." Depending on what the car is worth it may be a better option.
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