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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6782
Experience:  Solicitor
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I got stopped by the customs for having tobacco and all the

Customer Question

Hi there,
I got stopped by the customs for having tobacco and all the goods were seized. However, I got a written letter and received Notice 12A in April 2017.
Now, everytime I travel and come back to the UK, there is stop flag indicator on my passport, so I have to wait for some time for an officer to come and go with me to the luggage and check all my suitcases. This is really inconvenient as it is wasting time and money for me.
I am british citizen and my questions are:
1- How long does this stop flag indicator stay on my records?
2- Is there anything I can do about it to remove it or make a promise to the border force?
Submitted: 13 days ago.
Category: Law
Expert:  Jamie-Law replied 11 days ago.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Expert:  Jamie-Law replied 11 days ago.

How often do you travel abroad? How much were you over?

Customer: replied 10 days ago.
I travel abroad every month and half for a 5 days or one week. Are you able to help? Is there anything that can be done to remove the stop flag indicator?
Expert:  Jamie-Law replied 10 days ago.

How many were you over? Was this an EU country?

Customer: replied 10 days ago.
It is not relevant to where I go. I travel to both EU and non-EU. There is a stop flag indicator on my name now after I received the notice 12A and the written warning so every time I come back to the UK I get stopped and a customs officer has to check my luggage then I can leave after that.
Is there anyway to remove this stop flag indicator? What can I do to do that? Can you help with this case?
Please stop answering with very short irrelevant questions as it is NOT relevant to where I go or how often I go or how long I stay abroad.
Expert:  Jamie-Law replied 10 days ago.

Sadly what you consider irrelevant, i consider important to any application you may make.

Are you prepared to go to court?

Customer: replied 10 days ago.
Do you mean that this can only be resolved by going to court?
Expert:  Jamie-Law replied 10 days ago.

If that was the only way, yes

Customer: replied 10 days ago.
Have you dealt with previous cases?
Can you please expand and give me longer answers for what I need to do and how in this case?
I am still confused if you mean that the only way to get it resolved is through going to the court.
Expert:  Jamie-Law replied 10 days ago.

I have not given an answer yet, at present I am just collecting information.

However, can HMRC do this - yes.

How long can it last - until taken off.

However, what you can do is consider a Judicial Review. This is where a Judge in the High Court considers the complaint and sees whether HMRC act legally and reasonably.

The Judge can agree with their decision or remit it back for HMRC.

You would need to instruct a public access Barrister to draft pleadings and represent you in Court.

You can find one at:

www.clerksroomdirect.com

www.mybarrister.co.uk

There is a procedure for doing this, including pre-action letters. So you should instruct someone to help you.

You can find more information on the JR process at:

http://www.publiclawproject.org.uk/data/resources/6/PLP_Short_Guide_3_1305.pdf

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.