HM Customs stole my tobacco

Man of Honour
Man of Honour
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I got back from working in Egypt earlier than expected yesterday.
The first available flight from Alexandria was Saturday so my company arranged for us to fly from Cairo-Amsterdam-Aberdeen in the early hours of Friday morning.

After coming off night shift and hanging around for ages waiting for various things (chopper, immigration etc.) we eventually got to Cairo airport at about 23:30. Our flight wasn't until 02:55 so we went and had a few beers before visiting the duty free shop.
They didn't have my brand of tobacco but they had other stuff that is ok so I bought 3x250gram boxes. I also bought a box of 25 "Cuban" cigars.

We got to Amsterdam and whilst waiting for my colleague, I noticed that they had my brand in the duty free shop there so I bought a 500gram pack from there.

When we got back to Aberdeen, I got taken into the Customs bit to have my bags searched.
The customs officer asked if I knew the limits for taking stuff back into the country and I admitted I had no idea (I foolishly assumed that the relatively small amount I had would be fine :rolleyes: ).

It transpires that I was only allowed to take 250grams back from Egypt as this is duty-free but up to 3Kg from Amsterdam as this is duty paid.

He then drew the sign on the wall to my attention which said that if you are carrying more than your limit then all of your stuff will be confiscated. I gave a bit of a :rolleyes: and said "Oh great". The customs guy filled out the form and told me he had to confiscate the Cairo stuff but as the Amsterdam stuff was within the limit, I could keep that.

I suggested that since it was obviously a genuine mistake, I would be happy to pay the duty on the goods but was told that as I'd come through the green channel, I had forfeited the right to do this.

After he had filled out the form and taken all my details he said "it's no big deal." "This won't go on record".
At this point my patience snapped and I replied "It might be no big deal to you mate, but that's about seventy quids worth you're stealing from me."
He replied that he wasn't stealing it but following the procedure. I tried to make him see that confiscating it was unnecessary as it was a genuine mistake but he said that the rule was there to stop people from abusing the duty-free system.

I told him that I understood that and agreed that it was reasonable to confiscate goods from people who were smuggling large quantities into the country for selling on for profit but that the quantity I had was obviously for personal use and that I should be allowed the opportunity to pay the duty and learn my lesson that way.

My main gripe is that, depriving someone of goods they have paid for without reasonable cause is tantamount to theft.
If I had been given the opportunity to pay the duty to correct my mistake, I would have had no complaints but confiscating the relatively small amount I had was unnecessary and therefore HM Customs have deprived me of the use of my property without just cause.

Before anyone says it, I realise that it would have been wise to check up on what I was allowed to bring back but I genuinely thought that the small amount I had bought would be fine.

I realise that this is probably a pointless thread but I am furious and needed to have a good rant. I would also be interested to hear other people's opinions. Do you think HM Customs were justified in confiscating my property or do you also think they were unnecessarily heavy-handed?

Stan :)

PS: I was looking forward to those cigars :(
 
Totalling £70? "relativly small amount?" :eek: Wowzers! ;)
To be honest, he's well within his 'rights'. Anyone can say "its a genuine mistake guv" if they get caught, so he can't make exceptions 'just this once'. Good time to kick the habit maybe ;)
 
Nah, I wasnt going to say you did wrong at all.

Just sorry you had to experience our customs policies for yourself mate, they really do suck. Absolutely no room for discretion, its just follow the rules by the book because there can obviously be no exceptions ever :rolleyes:

Rip-off Britain has struck again.
 
I think they where perfectly justified, if they start letting people off, if they let you off then what about the next person who has the same problem? And the guy after him who has a little bit more? Then after him a guy with even more than that? etc etc
 
If you come into this country without checking on the relevant allowances, then you've only yourself to blame mate, I found all the details for a mate at work, within 30 seconds, using Google.

I didn't know that you forfeit your right to pay the duty if you go through the green channel though, but as far as they're concerned, anyone in that position is trying it on.
 
I guess it's to stop people who bring back quantity perceived as for 'personal consumption', but then actually sell it on to friends because you got it cheap. For example you could sell on those cigars at £5 a pop and make a profit, and you are essentially breaking the law.

However as this wasn't your intention I can see it's harsh, but Customs have no way of knowing.
 
Customs & Revenue are they to help the goverment squeeze every last penny out of people, never expect any help or assistance from them.
 
To those people who think they were justified in confiscating the tobacco and cigars.

Do you think it would be acceptable if your car was confiscated if you forgot to pay your road tax or your telly if you forgot to pay your TV licence?
In both of these cases you are given ample opportunity to pay up before further action is taken? Why should taking duty-free tobacco products into the country be different?

Stan :)
 
Bigstan said:
To those people who think they were justified in confiscating the tobacco and cigars.

Do you think it would be acceptable if your car was confiscated if you forgot to pay your road tax or your telly if you forgot to pay your TV licence?
In both of these cases you are given ample opportunity to pay up before further action is taken? Why should taking duty-free tobacco products into the country be different?

Stan :)

If you walked through an area for people that have paid their road tax/tv licence, then yes. ;)
 
Bigstan said:
To those people who think they were justified in confiscating the tobacco and cigars.

Do you think it would be acceptable if your car was confiscated if you forgot to pay your road tax or your telly if you forgot to pay your TV licence?
In both of these cases you are given ample opportunity to pay up before further action is taken? Why should taking duty-free tobacco products into the country be different?

Stan :)
Yes, its my responsibilty to make sure that I am within the law for these things, seeing as they are such big items (the car) I would expect to be able to get it back, as I would have liked customs to let him pay the duty on the stuff he was bringing back,
 
Big Kev said:
If you walked through an area for people that have paid their road tax/tv licence, then yes.

Most people who don't pay their road tax, use their cars on roads that are for the use of people who have paid their tax.

Stan :)
 
Bigstan said:
Most people who don't pay their road tax, use their cars on roads that are for the use of people who have paid their tax.
And they can expect their cars to be towed away if they get caught. You might be able to get them back in the UK, but some countries you can't (New Zealand for one).

If you go through the green channel, you're saying you are aware of the limits and know you're within them - i.e. you have nothing to declare. If either of these don't apply, then it's the red channel. That's the way the system works I'm afraid. Of course, people don't follow that rule because they don't want to pay the tax. If they get caught, they're evading tax, so they get punished (as you've unfortunately found out). Now I'm not saying you were deliberately trying to do that, but I'm afraid ignorance cannot be an excuse (otherwise everyone would claim it).
 
Bigstan said:
I realise that this is probably a pointless thread but I am furious and needed to have a good rant. I would also be interested to hear other people's opinions. Do you think HM Customs were justified in confiscating my property or do you also think they were unnecessarily heavy-handed?

Stan :)

PS: I was looking forward to those cigars :(
I have an opinion, but I'm afraid you might not like it very much.

I back the Customs action, I'm afraid.

The way I look at it is that while I'm quite content to believe you when you say it was a genuine mistake, I would point out that if you had known what you were doing was wrong, when pulled up on it "sorry guv, honest mistake" is exactly what I'd expect you, or anybody else, to say.

Customs have no way to know that when you say you didn't know, you're being truthful so they assume that it's just an excuse, as it's what people doing this deliberately would say, and I'm fairly confident nearly everybody says that.

What it boils down to, I'm afraid, is that the Red channel is for those that know they have duty to pay, and those that aren't sure. If you're not sure you're within the limits, go thorugh Red.

I understand why you're peeved .... you KNOW it was a genuine mistake. Customs don't know that, and lots of people are liars. I think you just have to chalk it up to experience.
 
Big Kev said:
...

I didn't know that you forfeit your right to pay the duty if you go through the green channel though, but as far as they're concerned, anyone in that position is trying it on.
Probably because their overwhelming experience is that most are indeed trying it on. So the odd genuine mistake gets labelled the same way. It's a bit like the way there aren't any guilty people in prison. In every single case, it was a 'mistake', or a miscarriage of justice. The upshot is that the genuine miscarriages are fairly hard to spot, and very hard to convince people about.
 
Bigstan said:
To those people who think they were justified in confiscating the tobacco and cigars.

Do you think it would be acceptable if your car was confiscated if you forgot to pay your road tax or your telly if you forgot to pay your TV licence?
In both of these cases you are given ample opportunity to pay up before further action is taken? Why should taking duty-free tobacco products into the country be different?

Stan :)
No, because such confiscations would be grossly disproportionate. You could be confiscating a £15,000 car (or a £150,000 car) over the delay in paying a couple of hundred quid.

But I would expect people not paying their road tax to be penalised by a proportionate fine, and the same for TV licence dodging.

Would you rather have kept your tobacco, but had a court appearance, a £250 fine and court costs to pay?
 
I think it should be about common sense but we are talking HMCE here so you have no chance mate.
Obviously, what you were bringing in was for your own consumption (small quantity) so I feel that you should have been able to pay the difference.
Water under the bridge now though so just use the RED channel next time, to be on the safe side.
 
Sadly, ignorance isn't an excuse :(

I wonder what their policy on the red channel is - I assume making you pay the different and being able to keep the goods?
 
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