The French haulage company had been instructed by a customer to transport excise goods under duty suspended movements from
France to the
United Kingdom. Upon arrival into the UK, HMRC’s Revenue Fraud Detection Team detained and then seized the lorries with trailers on the allegation that they had been used in the movement of ‘loads’ of mixed spirits upon which the correct excise duty had not been paid.
Steeles Law's Litigation Team investigated the circumstances surrounding the movements of the goods, the detentions and the seizures, and considered that HMRC did not have sufficient and lawful grounds to justify the seizure of the vehicles and trailers. The Team submitted detailed and urgent representations to HMRC who conceded that the vehicles and trailers had been seized without a proper legal basis. HMRC released the vehicles without payment of a fee.
Ian Robotham, solicitor in the Team comments;
“For several years we have acted for individuals, sole traders, partnerships and companies that have had problems and issues with HMRC. In recent months, as HMRC steps up its attempts to prevent fraud, we have seen an increase in instructions from people caught up in the exercise. Our approach allows us to take quick, decisive action to secure the release of vehicles, limiting the impact on businesses.
”He adds,
“As well as assisting in securing the release of seized excise goods and vehicles, or securing compensation where goods have been destroyed, we have also been successful in claims which include Judicial Review claims, assessments of VAT and excise duty and the rejection of duty drawback claims. We have also seen an increase in instructions to defend Directors’ Disqualification Act proceedings, and opposing winding up petitions against companies as a result of assessments alleged to be owed."The Team acts for clients throughout the UK and abroad, including Europe and Canada and is currently challenging an assessment of £1.6million, which has already been reduced from £5.2 million.
If you are having problems with HMRC please contact Ian Robotham for advice on 01603 598000 (or for out-of-hours assistance call 07909 966021).