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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 5428
Experience:  Director and Principal Solicitor. UK
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Is a Notice 12A a legal procedure that will be on my

Customer Question

Hello, is a Notice 12A a legal procedure that will be on my criminal record?
JA: Have any charges been filed? If so, when is the next court date?
Customer: Not that I'm aware of
JA: Where did this occur?
Customer: A package with my name and address on was seized by UK border control, but I never ordered anything and don't have any idea why
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so
Submitted: 17 days ago.
Category: Law
Expert:  SolicitorRM replied 17 days ago.

Good evening. Welcome to just answer. I am a solicitor and reviewing your question now for you. I shouldn’t be long to revert to you.

Expert:  SolicitorRM replied 17 days ago.

There are many possible section 12A notices. Which one was issued to you. If you look at the notice it will say notice given under what Act.

Customer: replied 17 days ago.
Section 139 of the customs and excise management act 1979
Expert:  SolicitorRM replied 17 days ago.

The one for seizure of goods by HMRC and the one under Landlord and Tenant Act do not appear in any criminal record/DBS. The only one that should cause concern should be under the Theft Act

Customer: replied 17 days ago.
OK thank you, ***** ***** a relief. Does it mean they are not taking things any further?
Expert:  SolicitorRM replied 17 days ago.

Thank you for your last message. No it will not show up on your criminal record or dbs check. If you accept the notice you deal with what penalty hmrc or border force impose. If you disagree you file a notice of claim which will trigger court action in the magistrates court usually but even this is not criminal proceedings. Challenging the legality of a seizure is a civil process, mainly to establish whether something was seized lawfully by HMRC or Border Force. A notice of claim will trigger HMRC or Border Force to start court proceedings to decide if a seizure was lawful. Those proceedings only decide what should happen to seized things. They do not decide any action against a person in relation to seized things so you will not get a criminal record just because the court decides HMRC or Border Force was right to seize something.
I hope this helps. Any follow up please do not hesitate to send your message. Glad always to clarify. All the best,

Customer: replied 17 days ago.
I could be charged for this despite not having anything to do with it?
Expert:  SolicitorRM replied 17 days ago.

Why did you get a notice? What was seized? What have you done with the notice?

Customer: replied 17 days ago.
The notice says they seized 1.7g of ketamine. I just got it in the mail. A couple weeks ago a policeman knocked on the door talking to me about it and I insisted that it had nothing to do with me, so obviously I'm feeling very worried at this point
Expert:  SolicitorRM replied 16 days ago.

Hi, in that case you should not just ignore the Notice. Depending on who is noted as having seized it you must contact them to say you know nothing about the package  and are very concerened that your name has been implicated. You should also report to Action Fraud  as it is most likely identity fraud..

Customer: replied 16 days ago.
OK thank you :)
Expert:  SolicitorRM replied 16 days ago.

You are welcome