Transporting goods to the United Kingdom can sometimes be a major challenge for transportation companies. Anyone who sends their vehicles there knows that drivers face detailed border checks conducted by the well-known Border Force services.

In our previous publications, we discussed the issue of illegal immigrants attempting to cross the French-British border in trailers, often without the knowledge of the drivers. In today’s article, we will address the issue of smuggling goods into the UK, its consequences, and the steps that can be taken to recover seized goods, and even vehicles.

Seizure of Goods by Border Force – What Is It and What Is the Basis?

According to the Customs and Excise Management Act 1979 (Section 139):

“Any item subject to confiscation under customs and excise regulations may be seized or detained by a customs officer, police officer, member of Her Majesty’s armed forces, or member of the coast guard.”

Based on this, British customs authorities have the right to seize any item they suspect is involved in smuggling or other illegal activities. This can include goods (usually cigarettes, tobacco, alcohol), cash, or even the vehicle used for transportation.

It’s important to note that the driver has the right to retain any items not subject to confiscation. Seizures are most often carried out by Border Force or HMRC (Her Majesty’s Revenue and Customs), and seized items are usually destroyed or sold, with the proceeds going to the British Treasury.

The seizure of a vehicle is particularly severe, as it prevents the completion of the transport order and results in financial and organizational losses for the carrier.

Can Seized Property Be Recovered?

Yes – it is possible to recover seized items, including vehicles. To do this, a request for the return of the property (known as restoration) must be submitted.

The request should be directed to Border Force or HMRC and must be filed within 45 days from the date of seizure. The request can be submitted by the property owner or a representative, such as a legal advisor.

The application will be processed through an administrative procedure, which depends, among other things, on the line of argument and supporting documents.

Key Information for the Request:

• It must be written in the official language – English.
• The deadline for submitting the request is 45 days.
• It should be submitted to Border Force or HMRC (can also be done by a representative).

How to Effectively Appeal?
According to the regulations in the UK, it is crucial in any situation to demonstrate that all actions were taken with due diligence, and that similar incidents have never occurred before.

The most favorable situation for the carrier is one where they can prove that neither they nor their driver were involved in smuggling, and that they also took appropriate control measures to verify the consignor.

Unfortunately, it must be emphasized that there are dishonest contractors who deliberately hide excise goods in the cargo, without informing the carrier, which can lead to serious consequences – not for the contractor, but for the transportation company.

How to Protect Against the Seizure of Goods?

As mentioned above, recovering seized goods can be a long and complicated process that requires cooperation with a lawyer. Therefore, it’s worth remembering the actions you should take to avoid such situations:

• Driver Training – Properly preparing employees to identify attempts to smuggle or the presence of illegal immigrants allows them to perform their duties consciously and responsibly.
• Verification of Contractors – This is crucial from the perspective of running a professional transportation business.
• Loading Control – The driver should exercise due diligence, overseeing every stage of the loading process, verifying the goods against documentation, and ensuring there are no discrepancies.

Summary

The seizure of goods or a vehicle by British border services can have serious consequences for the carrier. Therefore, it is crucial to act in accordance with the law, maintain proper documentation, and exercise due diligence at every stage of transport. In the case of seized property, there is a possibility of recovery, but it requires appropriate action – ideally with the support of a lawyer. It’s important to remember that the responsibility often falls on the carrier, so prevention and caution are key to avoiding problems at the UK border.

Author: Milena Krogulec
Assistant to a Legal Counsel at Trans Lawyers