[doc] Re: help req with custom tribunal

["colmnugent" <colm.nugent@xxxxxxxxxxxxxxxx>]

Hi Steve

I have sent to your personal address two reported cases (summaries 
only) dealing with the principles upon which classification is 
awarded and the circumstances under which classification may be 
altered in light of an 'error'.  C&E are well-funded and well-
advised.  The issues you raise in your post may be relevant to a 
number of things, but are unlikely to cut any ice at all with the 
Tribunal.  They are only interested, essentially, in four things:

1. How was the original classification awarded?
2. What has brought about the change or re-designation?
3. What is the criteria upon which they, as a tribunal, can 
interfere with the re-classification (in other words, prevent C&E 
redesignating)?
4. Do the circumstances of this case fall within the relevant 
criteria?

The fact that it is all terribly unfair is not one of the criteria.

Before the tribunal happens, demand that C&E provide you with the 
relevant documents and statements (if any) dealing with the re-
classification.  Ask them to state in writing all factors taken into 
account when undertaking the orignal classification and the re-
classification.  Don't let C&E spring evidence on you at the 
tribunal, if they do, ask for an adjournment to consider it at C&E's 
expense.  Make sure you know exactly what C&E are going to say 
before the eharing, and make sure your 'submissions' are directed to 
the relevant criteria.

Hope this all helps.

All the best on the day

Colm



--- In doc-uk@xxxxxxxxxxxxxxx, "blackaddertoo" <blackaddertoo@xxxx> 
wrote:
> 
> Hi all
> 
> my day in court is due soon regarding vat and import duty and if i 
> win could help others as it should set a precident.
> 
> i was charged the 10% and 17.5%. then appealed and lost (they look 
> after their own!)
> 
> now my tribunal is due shortly, i imported my car last september.
> 
> 1. my argument with them is - if it was a historic car earlier 
that 
> year it must be historic towards the end of the year.
> 
> 2. it is subject to trade outside the normal rules of car trading
> ie you'll never find it on the black 'cap' system !.
> 
> 3. it is of relatively high value for a second hand car.
> 
> anyway i could do with some help. has any one got a BTi for 5% for 
> last year, either before or after September? could i please please 
> beg a copy (i'll pay postage etc.).
> 
> can anyone suggest some literature which states that it was 
inovative 
> and pushed forward car developement.
> 
> has anyone a copy of any auction guides (ie to prove these cars 
are 
> sold outside the normal car trade).
> 
> 
> sorry to ask but if i do win good for me as the money will be 
handy 
> to restore vin 1621 and anyone else importing could use this as a 
> test case.
> 
> thanx for any help
> 
> regards
> 
> Steve
> 
> DOC 370





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