Truck seized by HMRC released after successful restoration request.
A European transport company approached us after HMRC had impounded one of their trucks. The truck had been carrying excise goods (alcohol) on a journey to Ireland. HMRC had detained the vehicle believing there had been an attempt to evade excise duty.
The Notice of Seizure set out the law under which the seizure took place. This was the Customs and Excise Management Act 1979, sections 139, 141 and 49. HMRC claimed that they had the power to detain the vehicle and the alcohol being carried.
Road transport lawyer Chris Powell represented the operator. Chris conducted an immediate investigation into the incident and contacted HMRC. After finding out the reason for the seizure he issued a notice of claim to start condemnation proceedings. He also prepared a restoration request in line with HMRC Notice 12A (https://www.gov.uk/government/publications/notice-12a-what-you-can-do-if-things-are-seized-by-hm-revenue-and-customs).
After considering the restoration request, HMRC agreed to release the vehicle and the trailer . This was an excellent outcome.
Our road transport team are experts at reclaiming vehicles seized by either HMRC, the UK Border Force or the NCA.
Excise seizures can be a complex area of law and it can sometimes be hard dealing with the UK authorities. We know how damaging it can be to your business to have a truck seized by HMRC.
If you need help, please call or email one of our transport lawyers at firstname.lastname@example.org or 01159106218.
We can also help with appealing civil penalties for transporting for illegal migrants.