Showing posts with label dirty tricks. Show all posts
Showing posts with label dirty tricks. Show all posts

Condemnation Proceedings re seized tobacco etc in Magistrates Courts

There was an FOI put in to HMRC regarding how many Condemnation Proccedings reached Magistrates Court and there outcomes. Specifically, how many were won by 'the shopper'. The period the FOI referred to was 2007/2008.

The reply from HMRC contained the following :-




"Your question related to the number of cases in 2007/8 where ordinary citizens successfully appealed against seizure of tobacco through the Magistrate's Court. You also asked how many appeals failed.


As you may know such cases are dealt with by the courts as Condemnation Proceedings. During the financial year 2007/2008 there were 423 condemnation cases concluded in the courts in the United Kingdom, in relation to excise goods. Approximately 8% of these appeals by the claimant were successful.


I'm afraid the information we hold does not break the statistics down to a lower level than excise goods, so the figures will include a number of alcohol cases and possibly oils too. We don't have the ability to separate out the tobacco figures. Hopefully you will still find the information we have provided useful."

l personally find this answer a little strange. HMRC state exactly 423 cases went to court but those won were approx 8%??? Now l'm sure the data held does not say approx 8%, it will state the exact number of cases won. So why change it? ls it because whoever sent the reply can state his maths is not very good when pressed after one finds that the number of cases won was 81 ... which would be 19.45% ???

Also, one must remember that there are Condemnation Proceedings that never get to court because appeals are won at the Review stage. Our own statistics for this are 100% won!

Now let's remember them UKBA Officers when they seize your goods and tell you that 'Appeals never get anywhere ... we never give anything back'. Now that's just a downright lie to intimidate you into not appealing and when HMRC then resort to altering exact data to approximate percentages it compounds the lie.

Truth of the matter is 'YOU CAN WIN!' and far more than UKBA/HMRC will ever admit to!

EXCLUSIVE! Malice Aforethought by UKBA as they Devise a Setup against Me.

No, l'm not a conspiracy nut, l deal in facts and logic.Knowing the tactics they use to seize cross-border shoppers goods and vehicles plus the grief l've caused them, along with this blog, l knew l'd be a target sooner or later. Never envisaged this tactic though.

A short while ago l put in an FOI request (UKBA call it a SAR)  to UKBA's Data Protection Unit. What l recieived back was incomplete travel details but more importantly a reference to a stop and search at Luton Airport on 31/12/10 where it said and l quote " 9600 KSF allowed to proceed. Notice 1" issued. This figure of 9600 KSF (King Size Filters) bore no reality to the actual amount l brought in so l immediately wrote back and asked them to change it to the true amount.I also asked them to change that l received a Notice 1 as the Notice 1 they tried to give me was out of date and therefore it's contents  incorrect with current regulations.

They replied very quickly but did not retract or correct the errors. lnstead they sent me a copy of the UKBA Officers notebook who had stopped and searched me at Luton on 31/12/10. The contents of said notebook "corroborated" the amount of 9600 KSF on their records ... but it went further.l'm certain l was not supposed to see this but obviously the right hand doesn't know what the left is doing in the UKBA.

lt stated l was stopped going through the blue channel at 08.35 (in fact, they were waiting for me at Passport Control which l had fully expected after the fiasco at Doncaster Airport on 10.12.10). After initial informal questioning l left with my goods at approx 08.55, there was NO formal interview (otherwise known as the A-J's). Now here is where it gets interesting.

lmmediately after l'd left, this officer then writes in his notebook about the stop and search. Remember, l've just left at approx 08.55 and he starts writing in his notebook immediately after.Don't forget either that he has just stopped and searched me where he has taken out my cigarettes, seen them and counted them (which even he himself states he did).

So he puts down the WRONG amount, not once but 6 times. Next he puts down they were Marlboro!!! (twice!) ... they were NOT. ... they were Lambert & Butler (my receipt shows this and he had looked at it). He also specifically states that he asks me if l smoke Marlboro!, to which he states that l replied 'yes'. He actually asked me if l smoked Lambert & Butler! l wasn't carrying any Marlboro whatsoever!

There are other false entries but the ones above are the critical ones. As most of you know, when the UKBA stop and search you they are looking for you to contradict yourself in their questioning as this is all they need to seize your goods. This would mean the next time l was stopped and searched .... and questioned, it would look as though they've caught me out as l would've contradicted what was on their 'records'. To them it would 'prove'  ... l LIED about the AMOUNT, the BRAND and what l SMOKE. Make no bones about it, my goods WOULD be seized because they have it on RECORD that l brought in what it says on their records. Even if it went to court how do you think the judge would find ... for me or against me? ... taking it into account that the UKBA will provide 'evidence' that l'm bringing in a completely different brand that they SAY l brought in last time, and also 'lied' about the amount l brought in AND l'm now supposedly smoking a different brand? No brainer isn;t it?

Don't try and tell me that the officer made accidental mistakes. He's trained to take in details, l'd only just left and he made sure l never saw his notebook and therefore l never read it or of course signed it to it being correct and factual Of course l'd have never signed it to say it was factual or correct anyway! :)

So what happened to their well laid plans at their first opportunity to stop and search me again?


Well nothing because l was carrying NOTHING!  .... NO tobacco! ... NO cigarettes!    and l hit them with a Statement of Truth that listed all my previous trips and purchases in the last 12 months (l'd decided to do SOT's after this Luton stop and search) God was with me that day ... l think it's because God SMOKES! :) Looking back, l now know why they seemed so crestfallen. Since then they've left me alone ... how long for? Who knows?

Now it's my turn and they've got a lot of explaining to do! One finds that there's a great deal of difference between contents of a notebook and an actual audio recording! :) This is the officers notebook below, you'll see that they've blacked his ID number out ... well. it's 10400. Some of us take note of details! His version of my stop and search is complete bollox!