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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70518
Experience:  Over 5 years in practice
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HELLO MY TRUCK WAS SEIZED IN DOVER BECAUSE THE DRIVERS WHERE

Resolved Question:

HELLO
MY TRUCK WAS SEIZED IN DOVER BECAUSE THE DRIVERS WHERE CAUGHT SMUGGLING CIGARETTES? I will received back??and what will happend with the drivers in this case
thank you so much
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if they have to give it back?
Customer: replied 3 years ago.

yes, i will get my truck back from HM BORDERS ???what will happendnow?? drivers had 150.000cigaretes inside the truck but this is not our fault. will be a fine ?? how much for one cigarette? and most important the truck will be restore to us?????and they will open a criminal case for the drivers??

Expert:  Jo C. replied 3 years ago.
Thank you.
They are able to seize the truck and destroy it. They do have the power and it is fair to say that they often do. Whether they will or not is really depends upon whether they think you were culpable. Obviously in most cases the driver of the vehicle is also the registered keeper and so wholly culpable. It becomes a bit more complicated when the driver is not the registered keeper and the registered keeper may not have known anything about this. You can write to them asking them to exercise their discretion in your favour and they probably will.
They will confiscate the cigarettes and they can levy a fine upon the driver rather than upon you. There are criminal offences although they don't usually use those unless a person has done this more than once and they relate to the driver rather than the registered keeper unless they can prove that you were involved in this which is extremely unlikely.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

yes, that i understood.

Is helpful to hire a solicitors ? i want tot be sure that i will get the truck back

and they can send to Romania criminal cases for the drivers??to be hunted here by the police??

thank you so much for you assistance

Expert:  Jo C. replied 3 years ago.
Not at this stage really. The first step is just to write to them explaining your disassociation with the drivers.
If they will not relent then it would be worth considering legal action.
They can't send them abroad to be prosecuted. Their crimes are contrary to the laws in the UK and they have to be prosecuted here.
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