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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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Dmw2000

Customs seizure - advice for future travel

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I came through Gatwick yesterday from Tenerife.

Customs stopped and searched me.

 

 

I had 1000 ciggies instead of the 200 allowance and these were seized.

I accept I got caught etc.

 

 

Not complaining about the seizure, but now im guessing my card is marked, and I will be subject to future stop and searches in future trips.

 

 

My queztion is :

If im stopped in the future and nothing is seized,

can I legally ask the customs officer to record and log the search on a form as 'searched, nothing found'

as opposed to just being shuffled along and told to go?

 

 

Any advicr appreciated. Cheers

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Does not work like that.

 

 

Customs will catch hundreds of people every day with excess quantities.

They might have recorded that on this one occasion they seized items, but you won't be specifically targetted in future.

You are not more likely to be stopped.

 

 

If you were stopped again and they found excess quantities of ciggies or alcohol, then they might use this previous seizure as part of a prosecution for a customs offence, but unlikely.

 

 

I think they only prosecute if the excess quantity is huge and you are bringing in such quantities to sell to gain significant income.


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stupid boy pike, out of pocket , always a chance caught then its hard luck,


:mad2::-x:jaw::sad:

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Thank you for your reply. I would like to think that is the case, but in the past I know of 2 friends who were stopped and had ciggies seized. 1 had a similiar amount to me, the other had around a 1000 more. But both are regually stopped coming through customs to this day. Hence the 'is my card marked' comment.

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observation by customs is the thing from the collection area to passing thru customs, seen it so many times coming in from the Far East/China etc depends on flight I observed, any suspicious looks or actions attract observation.


:mad2::-x:jaw::sad:

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All baggage is x-rayed before going on board, they know at that point what's in them!

Do you think that they caught you/them by chance?

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Yes....I do realise that!! Basing this on the x ray theory tho I brought a 1000 in hand luggage as it was a short trip. Ive been previously on a longer stay with a full size case and had more. Im sure my full size case was also subject to being x rayed! Besides that anyhow, my actual question was if anyone knew if I could legally request customs to officially log any future searches that resulted in nothing being seized.

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Besides that anyhow, my actual question was if anyone knew if I could legally request customs to officially log any future searches that resulted in nothing being seized.

 

How will that help?.

The fact that you've been stopped 20 times, and nothing found doesn't mean you won't be carrying anything on a future occasion (otherwise, smugglers would 'act nervous', get stopped multiple times, ask for these to be logged and then feel they could 'breeze through' with immunity in future).

 

You got stopped, and had items in excess of your allowance seized. You also admit you exceeded your limits previously (& we don't know if they X-rayed your bag then, and if they did if they didn't stop you then as they had 'bigger fish to fry' that day .....)

 

You may or may not get stopped in future ; I doubt you can influence that (other than by not giving them reason to stop you, either

i) by carrying in excess of your allowance, or

ii) not giving them 'behavioural cues' to stop you).

 

You may get stopped in future, and there isn't anything you can do about it (if they are acting within their powers).

If they stop you 200 times and find nothing that won't prevent them stopping you the 201st time.

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The reason I asked is because I have been told if they continue to target you and find nothing they generally just say zip your case and go. But if you can get them to log the search that found nothing eventually you would stoo being targeted as im sure negative logged searches dont look that great for them. Asking on here as I dont know if its a fact or not, and hoping someone could shed some light on it rather than the "oh tough you got caught" type of comments. Obviously been a waste of time.

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Obviously been a waste of time.

 

The waste of time appears to be trying to tell you how things are.

There would have been less waste of time if you had said at the outset "only bother replying if you will tell me what I want to hear".

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The reason I asked is because I have been told if they continue to target you and find nothing they generally just say zip your case and go. But if you can get them to log the search that found nothing eventually you would stoo being targeted as im sure negative logged searches dont look that great for them. Asking on here as I dont know if its a fact or not, and hoping someone could shed some light on it rather than the "oh tough you got caught" type of comments. Obviously been a waste of time.

 

You are asking a question which even an off duty customs officer would not answer i.e how they operate. Having been caught once, they are not going to log each further time they carry out a search and no issue is found. Perhaps they do place markers against passports and every time you travel outside of the EU, you will be searched on your return. I don't think you have any legal rights to access what is held on customs records about you in regard to future customs operations work. I suspect customs and police have Data Protection exemptions in regard to what is held in regard to current or future operations. If this was not the case criminals e.g drug smugglers could ask to see all records that exist against their passport records.


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you flaunt the rules and get caught = hard luck , trying to be clever as some stage you will fail , persistant misuse of the law/rules then your up an commence will prevail, to be honest you need to get a life and stop acting like a spoilt child i.e. law for one and a law for another, we on these sites have need to help genuine people with genuine cases, good day! seems you may of been on the FOTL or looking for


:mad2::-x:jaw::sad:

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Not about what I want to hear, its about finding out an answer either way. Which you clearly do not know.

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If you read my original post I wasnt bleating about the seizure. It was 'a fair cop'. But as for wasting your time, no one is forcing you to reply to this thread. Maybe you have too much time on your hands?

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Plain and simple answer.

 

If you fail to check your allowance and go over the limit its your error.

 

Try to get more through customs and get caught again your error.

 

If you flaunt the rules and get caught it's your mistake.

 

This is what 'random' searches are for. They already know you have too much before you reclaim your bag.

 

I would travel to Amsterdam about 60 or so times a year, I would be stopped almost every time. Did it bother me? No! Why was I there? As a courier I would drop off/pick up aircraft parts for clients from Schipol Airport.

 

Just because the destination was Amsterdam most would think drugs! You'd be wrong in my case. Getting stopped at the BORDER is what customs do get used to it and don't break the law and hope to get away with it then complain!!!

 

Sorry to the OP and others but that's it plain and simple...

 

Don't like it? Don't do it!!


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If you read my original post I wasnt bleating about the seizure. It was 'a fair cop'. But as for wasting your time, no one is forcing you to reply to this thread. Maybe you have too much time on your hands?

 

As far as I am aware, and I operate within an industry that has close connection with Customs the following generally applies:

 

If you get stopped at the border it will be most likely be as a result of a hunch, or the way you behave.... Officers are trained in recognising body langauage and other visual clues.... If they find cigarettes in quantities one could consider for personal use they will seize the excess and destroy them. A record will be made in the database noting your ID, the date, departure and arrival point and quantities involved. That's it.

 

You have exactly the same chance of being stopped the next time you travel as you did every other time you travel.

 

It is not uncommon for folk to have three, four or more seizures on the database and still they are not targeted.

 

There is no procedure in place that shares info and warns of the arrival of a casual exceeder....

 

Equally, there is no way you can have the record removed or amended to suit your own purpose.

 

You have no more or less risk of being caught than during your previous smuggling trip.

 

Just carry the allowance and next time you get stopped, IF you get stopped, laugh it off and tell them you learnt your lesson.

 

You have learnt your lesson, right?

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As far as I am aware, and I operate within an industry that has close connection with Customs the following generally applies:

 

If you get stopped at the border it will be most likely be as a result of a hunch, or the way you behave.... Officers are trained in recognising body langauage and other visual clues.... If they find cigarettes in quantities one could consider for personal use they will seize the excess and destroy them. A record will be made in the database noting your ID, the date, departure and arrival point and quantities involved. That's it.

 

You have exactly the same chance of being stopped the next time you travel as you did every other time you travel.

 

It is not uncommon for folk to have three, four or more seizures on the database and still they are not targeted.

 

There is no procedure in place that shares info and warns of the arrival of a casual exceeder....

 

Equally, there is no way you can have the record removed or amended to suit your own purpose.

 

If you want to continue smuggling your cancer provider then feel free to go ahead but on your own head be it. Alternatively, why not just carry the allowance and next time you get stopped, IF you get stopped, laugh it off and tell them you learnt your lesson.

 

You have learnt your lesson, right?

 

 

as indicated in para 5 above


:mad2::-x:jaw::sad:

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Ha ha. Yes I have. I dont even smoke. They were for my partner and relative. And yes a case of, ok got away with it this time. But had a smack on the wrist now. Anyway, thank you for your informative, helpful and non judgemental reply.

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Oh hello again! Must be a slow day for genuine problems. Wasting your time with me again? I think you must like me really! ;-)

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Just going off at a little tangent here but

 

I was stopped coming back from Spain.

I had 16 cartons of cigarettes (all same brand) and 5 x 50gramme hand rolling tobacco.

Gov website RECOMMEND (not law) limits are/were at the time were

16 cartons and 60x50gramme tobacco.

They wanted to seize until I produced the gov recommended limits .

 

My case defense was....

I'm under the recommended limits

Here is the gov guidelines

They are all the same brand

I have all the receipts

I've paid the relevant tax in Spain

They are for personal use

I only travel once per year, check my passport.

According to European law you cannot restrict free trade within Europe.

 

After an hours arguments, perfectly civil, they rescinded with an apology from a senior manager saying the customs officer was being over zealous, and the recommended limit I just that, a recommendation not the law. Its up to customs to prove your selling or intending to sell not for you to prove its personal use.

Be careful tho, if you say your giving them to a friend or some one else they can seize as that's not personal use

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Just going off at a little tangent here but

 

I was stopped coming back from Spain.

I had 16 cartons of cigarettes (all same brand) and 5 x 50gramme hand rolling tobacco.

Gov website RECOMMEND (not law) limits are/were at the time were

16 cartons and 60x50gramme tobacco.

They wanted to seize until I produced the gov recommended limits .

 

My case defense was....

I'm under the recommended limits

Here is the gov guidelines

They are all the same brand

I have all the receipts

I've paid the relevant tax in Spain

They are for personal use

I only travel once per year, check my passport.

According to European law you cannot restrict free trade within Europe.

 

After an hours arguments, perfectly civil, they rescinded with an apology from a senior manager saying the customs officer was being over zealous, and the recommended limit I just that, a recommendation not the law. Its up to customs to prove your selling or intending to sell not for you to prove its personal use.

Be careful tho, if you say your giving them to a friend or some one else they can seize as that's not personal use

 

It's not uncommon for an Officer who smokes to invite the miscreant out for a fag.... see if they turn green. It is also amusing to see a non smoker trying to roll one...... apparently. 😇

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Yea I've heard of that!

No problem for me !

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Oh wow! Thats out of order. Id be fuming at that! What i cant get my head around is, its unlimited amount from mainland, but they may question you if its over 800. Yes they cost more from the mainland, but not that much more €15-20. Still half of UK price.

Edited by Dmw2000

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Oh wow! Thats out of order. Id be fuming at that! What i cant get my head around is, its unlimited amount from mainland, but they may question you if its over 800. Yes they cost more from the mainland, but not that much more €15-20. Still half of UK price.

 

That is because Canary Islands are not in the EU. The Canary Islands are a self governed territory of Spain. If you travel from Canary Islands to Spain, you have same customs restrictions as you would travelling from Canary Islands to UK.

 

The cig packets bought in the Canary Islands will have different wording on them regarding what tax duties have been paid.


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