There were some that naively believed that now the Border Force have split from UKBA and are under the control of a former policeman, CC Brian Moore, that things would become more just and fair. Recent cases forwarded to us show that isn't the case .... they are doing entirely the opposite ... they are getting worse! Either their new boss is oblivious to this or he's going along with it and ditching all the safeguards and rights of citizens that he upheld as a policeman.
Only a few days ago we received this :-
Only a few days ago we received this :-
"We had a trip over again on the 17th feb, again stopped and argued that the 1kg each was for our own use as they had taken our previous purchase, demanded the officers name and they were not happy about this but finally gave it, sure this is what has put us on their definite target list.
Had trip over yesterday,7th March, with my wife and her niece, reason for this was so that they could throw flowers of remembrance over the side as this is where the ashes of my wifes brother and nieces father were scattered after he died on the "Herald of Free Enterprise", they don't go on the exact day as it is too emotional for them then. As I had used my tobacco from the previous trip we decided while we were this far and to save a trip in a few days time we bought 1kg of tobacco each knowing this was their guidelines.
Stopped again and they go to town, there were loads of them and a lot were new trainees, thought no problem just expected a few questions then on our way. No chance kept for 3 hours again, seperated and interviewed, all said about the same thing as we were GENUINELY not doing anything we shouldn't have been. Then we were told that they were seizing our tobacco as they say it's for commercial use, I ask you 440 mile round trip, ferry fare , personal use and make a profit out of tobacco that cost £90.
They never took the car but threatened me that every time I travel and buy tobacco they will take it from me and they are only doing their jobs. Not only that we each got a warning that if they take anything from us in future we may be prosecuted under section 170 of the customs and excise management act 1979 and face an UNLIMITED FINE AND OR UP TO 7 YEARS
IMPRISONMENT.
I did record what happened yesterday and they caught me and demanded that I erase it, I REALLY wished I had seen your site before last night."
Here we have it in black and white about the mindset of particular Border Force Officers at Dover. A total lack of humanity is self-evident which is then coupled with threats and intimidation. The threat of prosecution under section 170 of CEMA 1979 is utter garbage. They have no evidence at all to use 170 and they know it ... unfortunately cross-order shoppers don't.
Then we have them demanding that the audio recording is erased ... with NO POWER whatsoever to do so! Annex of Excise and Civil Interviews states :- Note: Officers cannot stop someone if they choose to make a video or audio recording of the interview themselves using their own equipment such as a mobile phone, video camera etc.
Another recent correspondence showed the same illegal tactic where Officer Diane Daly stated in her own words in a statement of truth "This interview is not a tape recorded interview and should not be recorded by yourself on your mobile phone" She then went on to force the deletion of the recording.
Well Diane dear, you're either incompetent or a liar? Which is it?
At P/O Ferry Terminal at Hull, this correspondence :-" Just wondererd if you have heard of Customs making all foot passengers put their hand luggage through the scanner at Hull on return from Zebrugger?
This what happened to 1 of my mates last week."
Here we have it in black and white about the mindset of particular Border Force Officers at Dover. A total lack of humanity is self-evident which is then coupled with threats and intimidation. The threat of prosecution under section 170 of CEMA 1979 is utter garbage. They have no evidence at all to use 170 and they know it ... unfortunately cross-order shoppers don't.
Then we have them demanding that the audio recording is erased ... with NO POWER whatsoever to do so! Annex of Excise and Civil Interviews states :- Note: Officers cannot stop someone if they choose to make a video or audio recording of the interview themselves using their own equipment such as a mobile phone, video camera etc.
Another recent correspondence showed the same illegal tactic where Officer Diane Daly stated in her own words in a statement of truth "This interview is not a tape recorded interview and should not be recorded by yourself on your mobile phone" She then went on to force the deletion of the recording.
Well Diane dear, you're either incompetent or a liar? Which is it?
At P/O Ferry Terminal at Hull, this correspondence :-" Just wondererd if you have heard of Customs making all foot passengers put their hand luggage through the scanner at Hull on return from Zebrugger?
This what happened to 1 of my mates last week."
This tactic is illegal and they know it. Hoverspeed v HMRC judgement states and l quote :-
- "It follows that the only power available to Customs and Excise officers to stop and search people (or their vehicles) at an internal frontier arises if there are reasonable grounds to suspect one or other of the matters set out in sections 163 and 163A of CEMA. They are not entitled to rely on generalities or trends: there must be reasonable grounds to suspect the person(s) whom they are checking. In the absence of such suspicion on an individualised basis, they have no right to impede Community travellers’ movement at the frontier for purposes connected with the collection of excise duty. The powers they use at a frontier must be the same powers as they would use anywhere else within the state for the purpose of ensuring that duty is paid on excise goods chargeable within that territory.
So, don't just stand there herded together like sheep and meekly waiting to be processed like livestock. You're not alone, there's many others like you that are 'kettled' up and probably thinking the same as you are. Speak up, be vocal and then there will be a group of you. Start recording in video and audio on your phones etc and then demand from the Border Force under what laws and regs they are operating under. Don't back down one inch ... keep up the pressure. They are used to people obeying them ... what they are not used to is being confronted by a group and being recorded at the same time. They'll fold and back off because what they are doing is illegal ... period! Stand up for your rights!
We and others have now booked on various trips at Hull P&O to do exactly that. lf they use this tactic l can promise you that there WILL be consequences.
"The Spartans do not inquire how many the enemy are, but where they are." AGIS II 427 B.C.
