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- **Appeals Against Seizure ... The Process**
Another One Bites The Dust! Another Victory!
George will like this ... it's from the very same airport where George began his battle and won. Well, now we can report another victory! We received this today!
I could not have acheived this without you. Attched is a redacted copy of the letter I received this morning.
I have been pursuing the UKBassholes for 6 month and went through the full FOI request and SAR.
Got all the stuff they had on me and they had nothing. The customs officer had filled in the 100A notebook wrong. The reasons for seizure were given at the end of the notebook AFTER my signature. (YES I WAS STUPID ENOUGH TO SIGN IT!)
When I had all of the law in front of me which I obtained from your site, I then pestered the STAZI every week. My appeal was refused. I appealed again and was refused. I phoned every week and always got some MAFIOSA who could not tell me anything. 'After being told, 'You'll have your day in court' , I pursued them every day almost on the phone asking them to hurry up. I want my day in court. The attached letter from them is the result.
I almost feel like wanting 'my day in court' but can't be bothered with the hassle. Spent enough time.
FYI. 3200 Mayfair superkings and 2.95KG hrt.
Was jumping around the house this morning.
Thanxs for your help guys. Keep up the good work.
You can publish any of this if you want.
Kind regards and phone numbers below.
Well done from all at N2D. Excellent Result! Kudos
"In the eyes of the Tribunal the review letter contained several preconceptions, prejudgments and non-sequiturs"
"the absurdity of this reason is demonstrated by simply stating it"
"We therefore find that Mr Sked misdirected himself as to the Policy in carrying out the review and his decision is therefore one that no reasonable review officer could have arrived at."
... commonly known here at N2D as 'Skeds' ... that is to say these are Judges comments regarding UKBA Review Officer Ian Sked's reasons for rejecting peoples appeals against seizures.
Comments are now moderated to keep out spam and those with malicious intent. The author of this blog is not liable for the content of any comments ... period!
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excellent and well done for perseveeringReplyDelete
Agreed ... great result and deservedly so.Delete
Very well done.ReplyDelete
lt's bloody great that more and more people are fighting them. They've had it their own way for too long. We're growing everyday, guys .... keep it up and spread the word.ReplyDelete
Do as this guy did ... and don't take 'no' for an answer. Keep at them!
Well done that Man! Man Of The Week Award for sure!ReplyDelete
I'll be hella interested to see if he does get the actual goods back- I've always had the impression that the UKBA *never* return the actual goods and only pay the EU price on 'principle' (ie to punish those impudent enough to fight back...'pour encourager les autres' as we say down Dagenham ways.).
If they give in without having taken condemnation proceedings, and they have destroyed the goods, they are not protected by CEMA from a Small-Claims-Court action under Common Law. I did that, and demanded full UK value.Delete
They eventually offered to settle out of Court, for my full demand. I refused and insisted on £1500 costs on top.
What happened next, I'm not allowed to tell you, because of a Confidentiality Agreement. Their Lawyer still checks this site occasionally, hoping I'll slip up.
We have some similar cases in the pipeline. Watch this space! We won't be able to tell you the full story, just heavy hints. :-)
Occasionally? You should see the stats ... there here everyday! :)Delete
lmagine the damage it'd cause UKBF if them big Libertarian blogs promoted the advice on here. Won't happen though cos they're too busy poncing about doing nowt. All talk and no freakin action the lot of them.ReplyDelete
SH has tried a few times to get them to do something and even said he didn't want links back to N2D. Just get the info out is all he asked but still they did nothing.ReplyDelete
George from Motherwell says, "Great victory" I WONDER JUST WHO THE GOONIE WAS, Maybe the man from East Ayrshire can tell me, OR EVEN HIS IDENTIFIER NUMBER AS HE WOULD NOT HAVE GOT HIS NAME I EXPECT.ReplyDelete
I invite him to Hamilton Sheriff Court on the 29th of September to watch a GOONIES REVENGE. That will be interesting, maybe he may meet some faces from the Prestwick Cow Shed Airport, Anyway I hope my struggle inspired him onwards to victory, NO SURRENDER.
George from Motherwell congradulates a fellow victim and fighter. You did well, The bloody nose the UKBA got costing the British taxpayer£25,000 plus in my case seems to have made them thiink twice before backing an illeterate employee througbh the Scottish courts.ReplyDelete
I hope everyone robbed of their legal goods will do the same as EAST AYRSHIRE MAN, And fight for victory, I would love to know the name or number of the Goonie.
Not wanting to put any kind of damper on things cos it was a hell of a WIN and the Fighter deserves the N2D Médaille de la Résistance but a couple of things:ReplyDelete
"The reasons for seizure were given at the end of the notebook AFTER my signature" If the reasons for the stop are a matter of Operational Security (their classic 'Get Out') then Officers are infact allowed to record the reasons for the stop on a separate sheet.
I'm surprised that the Poster's SAR produced a copy (No doubt heavily redacted/censored) of the Reasons For The Stop as these, AFAIK, are nearly always declare 'Operational Security'. Or at least I thought that was the case, SH?
The other point that occurs to me is that the letter is pointedly unclear on as to WHY the UKBA were no longer seeking to pursue...
Could it be that someone 'higher up' looked at the case file, turned a whiter shade of pale and said 'OH SHIT!'?
When the poster arranges to collect his goods then he could perhaps do us the favour of listening and 'prodding' the UKBA'ers..see if he can glean anything further that might be of use to The Cause?
Yes I agree BD the SENSITIVE PAGE IS THEIR GET OUT OF JAIL CARD, It actually renders the Hoverspeed 2002 judgement un inforcable, but still allows them to make spectulitive stops with no reasonable suspicion required, The Goon in my case got the Sheriff's back up by refusing to say why I was singled out for a stop, Judges dont like talked down to in their own courts in ScotlandDelete
I still think tat getting a beating and the blanket publicity I dished out on this blog and newspapers, at Ayr Sheriff court has made them nervous about blowing another £25,000 on another dodggy case, Specially when the East Ayrshire man is a fighter.Delete
I wonder was the lying TOAD involved again.
Well done - makes me proud to have been baptised in Ayrshire in 1935 :-)ReplyDelete
PS OP, signing the Officer's notebook isn't a sign of stupidity if you didn't know. You are being unfair to yourself. Almost all of us were raised to believe a Policey Man's notebook was the next best thing to Scripture, proof positive in a Court Of Law and would contain 100% 24 Carat Truthfuls. We were all raised to conform to polite requests by Officers Of The Law.ReplyDelete
That the UKBA have perverted the notebook to be a Signed Confession and full of half truths,twisted facts and down right lies in no way makes you the stoopid one.
We SHOULD be able to sign the notebook without even needing to read it, that's the point (or rather they should tape everything and then N2D.Me could pack up and go home).
Infact the very fact you did sign makes your victory all the more impressive. There must have been something seriously wrong with the seizure (besides the obvious injustice of it of course) for the UKBA not to want to have rely on your supposed Signed Confession in court.
Well my partner and i just got back. 10KG hrt intact. We were asked where we had been and was the purpose for buying tobacco and what amount we had. We were then asked to "please pull in over there" We then produced the SOT and informed her that we were recording. To which replied "thats fine, if i can just see the goods and i'll then check the system" We asked if we could go outside for a cigerette and she led us to a door to the outside. Off she went with SOT and returned 10 mins later with sot transcribed to notebook which she read out to us. At the end she asked us to sign and we declined. She again that is fine I just need a colleague to witness that you have declined to sign and she made a note to that effect at the bottom of the notebook, got the witness to sign said notebook and we were on our way. All in all handled with courtesy and respect.ReplyDelete
A big thank you to you guys for giving us the tools for the job!
Well done Vicky :) and a 'well done' to the UKBA Officer concerned for behaving in a manner that does her organization proud.ReplyDelete
However I can't help feeling that there is one female officer of the UKBA who is going to find herself operating the 'drugs toilet' (don't ask) for the next few months! According to her own 'guidance' she is supposed to 'dissuade you from recording'. So she'll no doubt find herself over Daddy Sked's knee...figuratively speaking of course.
Well done and weel done to N2D for giving us the tools.ReplyDelete
lol, thanks and yea fully expected her to do that...mmm could be that in the folder with our sot there was also a copy of their FOI. ;)ReplyDelete
Will catch up when l get back Thurs/Fri. Away at moment. :)ReplyDelete