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12th January 10, 12:53 AM
#1
Royal Mail Parcelforce Customs Clearance Fees
Some advice for UK forum members:
Recently I was unlucky enough to be chosen by Her Majesty's Customs & Excise to pay VAT on a kilt I had bought from America. Whilst I have no objection to paying the customs charges, I objected to having to pay the 'Customs Administration Charge' imposed by Parcelforce, due to my kilt being held until I had paid the VAT. The Customs Admin Charge was actually more than the VAT!
I called the telephone number on the VAT invoice and stated that I would pay the VAT, but not the Parcelforce clearance fee. This was accepted and my kilt arrived the next day. A couple of days later I received an invoice from Parcelforce for their Customs Administration Charge.
I contested the charge and gave Parcelforce 14 days to justify their reasons for the fees. This deadline is now long passed with no response, so I am assuming the matter is closed. If you would like information on what I have done specifically, please PM me with your questions.
The Postal Services Act 2000 (http://www.opsi.gov.uk/acts/acts2000..._20000026_en_1) lays out that there must be no intentional delay of your postal packet. HM C&E can obviously delay it to check contents and apply duty but after that the mail must be delivered promptly.
Therefore, by paying the VAT Parcelforce must deliver your parcel. Failure to do so goes against Sections 83 and 84 which state:
Interfering with the mail: postal operators
(1) A person who is engaged in the business of a postal operator commits an offence if, contrary to his duty and without reasonable excuse, he—
(a) intentionally delays or opens a postal packet in the course of its transmission by post, or
(b) intentionally opens a mail-bag.
Additionally, Section 104 states:
Inviolability of mails
(2) Anything to which this subsection applies shall have the same immunity from—
(a) examination, or seizure or detention, under a relevant power conferred by virtue of this Act or any other enactment,
(b) seizure under distress or in execution,
(c) in Scotland, any diligence, and
(d) retention by virtue of a lien,
Subsection 2d above states that it is against the law to hold you packet by virtue of lien (debt); essentially this means they cannot hold your parcel to ransom for payment of their clearance fees. So once the VAT is paid the parcel must be delivered.
I believe it is unfair that I am required to pay an 'Admin Charge' due to my parcel being held for VAT payment. If you too are caught in similar circumstances and wish to contest Parcelforce's unreasonable demands, please do not hesitate to contact me.
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