Haven't paid customs charge but my parcel still got delivered; where do you think I stand?

chili1496

Pay the charge, then complain when they do not deliver you parcel

George_Michael

visidigi said:

The shipper is the importer of record unless explicitly stated on the importation - so in this scenario the importer is the shipper.

The person who sends the goods out from a country is the exporter and the buyer is the importer.
HMRC:
https://www.gov.uk/government/publications/notice-143-a-guide-for-international-post-users/notice-143-a-guide-for-international-post-users

Yes. Under international postal agreements the sender must complete a customs declaration (form CN22 or CN23) which in most cases should be fixed to the package. The declaration includes a description of the goods, the value and whether they are gifts or commercial items. Any Post Office abroad should be able to give advice to the sender.

Under customs law, you as the importer are legally responsible for the information on the declaration, therefore it’s in your own interest to ensure, wherever possible, that the sender abroad completes the declaration accurately and in full.

As to where the 6 years to chase the debt comes from:
http://www.legislation.gov.uk/ukpga/1980/58

Time limit for actions founded on tort.

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

visidigi

George_Michael said:

visidigi said:

The shipper is the importer of record unless explicitly stated on the importation - so in this scenario the importer is the shipper.

The person who sends the goods out from a country is the exporter and the buyer is the importer.
HMRC:
https://www.gov.uk/government/publications/notice-143-a-guide-for-international-post-users/notice-143-a-guide-for-international-post-users

Yes. Under international postal agreements the sender must complete a customs declaration (form CN22 or CN23) which in most cases should be fixed to the package. The declaration includes a description of the goods, the value and whether they are gifts or commercial items. Any Post Office abroad should be able to give advice to the sender.

Under customs law, you as the importer are legally responsible for the information on the declaration, therefore it’s in your own interest to ensure, wherever possible, that the sender abroad completes the declaration accurately and in full.

As to where the 6 years to chase the debt comes from:
http://www.legislation.gov.uk/ukpga/1980/58

Time limit for actions founded on tort.

An action founded on tort shall not be brought after the expiration of six years from the date on which the cause of action accrued.

No, under customs law the importer is the person declared as being the importer. For example - if your retailer pre-pays your duties - like with amazon.com they are the importer - as you pay upfront for the duties and taxes. The duties incoterms determines who pays. Therefore the importer on most post is the shipper - by declaring the shipper as importer they are responsible, as I cannot be responsible for terms/declarations I do not make on a shipment. 
Not to mention postal services are not the same as courier services so your quoted section is inapplicable to this conversation.

Lets be clear, if you were liable for duties and taxes on all deliveries and can be chased as a debt for 6 years whats to stop unsolicited goods being sent to you of great declared value just to screw your credit rating over? Its just not the case.
Again - the recipient does not have a contract with PFW and there is no 6 years right to chase on a debt they were not contracted to.