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-   -   Seizure of parcels (https://britishexpats.com/forum/france-76/seizure-parcels-945824/)

Inspiron Oct 19th 2022 8:19 am

Seizure of parcels
 
French customs on 10 October seized my parcels from a private storage depot , like a virtual office, contract bound.
There I was storing two 9 mm blank pistols since June 2021 requiring no license in France.
On October 10 two other parcels arrived from France and Austria containing cutlery and the arrival of these parcels led to me receiving an email from French- Office that my account has been inspected and parcels were examined and now they're telling me a license, certificate, authorization is required to release the blank gun parcels.
Maybe they don't know it's blanks?
Contact wise they're not allowed to release personal account information unless it's really serious crime or whatever.
They've said so in Ts and C's.
But flabbergasted as to uncoincidental seizure after a year and license request.
I may need some kind of breach of contract lawyer.

Tweedpipe Oct 19th 2022 9:02 pm

Re: Seizure of parcels
 
As this is your first post - and not an easy one at that, it would have been reasuring to have seen an initial post in the introduction thread.
Regardless, this is a tricky one so here goes:
Any shipment of the type you state whether France/France or another EU country/France will require specific paperwork, which normally the buyer supplies to the Armurerie at the time the order is placed. The Armurerie then dispatches the goods together with whatever shipping and customs documents are required. This even applies to the equipment you describe which indeed appear to be classified as Category D (vente libre), meaning only persons of 18 or older can purchase for use on private property. If the seller did not request any of your personal documentation to verify age etc, he may be at fault. He should have shipped the equipment together with copies of the details you supplied, plus all other relevant shipping and customs documents required. I'm guessing that it's these that the customs need to check on.
As a licenced firearm holder and club shooter, I'm well aware that over the last 20 years the legislation has become very strict, and over the last 4 years even stricter still. If he's a licenced seller, he should be aware of all documents required prior to shipping. Even I'm not aware of precisely what shipping documents are required today for Cat. D as the rules seem to change quite frequently for other categories.
The other issue is that some of the metal replicas available today can be difficult to identify as a blank defense arm, as many are identically reminiscent of the famous HK P30, Walther P22, PPK or similar, and the customs may require to see the manufacturers details/warranty docs etc as additional proof.
Personaly I wouldn't order anything of this (relatively harmless) nature on-line to be shipped, for fear of the potential problems in the event of packages being opened/checked on route.
I regret that this hasn't really provided a solution to your dilemma. Why not get the customs to detail exactly what they require? The material as stated if Cat. D does not require a users licence or permit, if they say you do they are incorrect. But they may be after a copy of an official shipping licence - which if so the seller should know all about if he's a licenced dealer.

Inspiron Nov 23rd 2022 1:58 pm

Re: Seizure of parcels
 
Recieved the letter from Douane Francais. It says' decouverte de marchandises paraissant etre de la marchandise de fraude qui feront l'objet d'une procedure au cours de laquelle la marchandise sera saise' after each item seized which I already mentioned are Category D.
It says basically they opened each parcel and found fraudelent goods which are the subject of a procedure and liable to seizure.
There's no right to appeal and it doesn't mention which law is relevant to my case. In the UK it would be Customs& Excise. in France its Article 66, which gives them the right to search post-offices, not private property in my case.
Now I am going to Police with my original receipts and explained how the **** can they be fraudelent as opposed to interdit(forbidden) which is what French-Office told me why they were being seized after being informed by customs.
Yes why is something freely available to over 18's in French republic, suddenly forbidden for me? Like someone has changed their Laws just for me for an excuse to thieve my property.
In France, nothing is forbidden, so why are <snip> Francais telling me porkie-pies all of a sudden?

Listen Very Carefully Nov 23rd 2022 4:42 pm

Re: Seizure of parcels
 
It is no good going to the police it is the douane you need to speak to,and you need to remember that they have extensive powers so you really need to accept that having an attitude will not help you get your stuff back.It is a general rule in France that if you upset one part of the bureaucracy you upset all of it so please just think carefully

EuroTrash Nov 23rd 2022 5:25 pm

Re: Seizure of parcels
 
I agree with LVC I'm afraid, the police are not going to get involved. Can you seriously imagine the gendarmes accusing the douanes of theft on the say-so of a member of the public who walked in off the street and was angry because the douanes had taken away his knives and guns? I don't think so.
The douanes say they are investigating so presumably they are following their procedures, and no doubt they'll be in touch again in due course. They may decide after checking it out that it's all fine and give you your stuff back. Or they may not.
Do you 100% trust all the companies you bought from, could it be that your items were flagged up because one of the suppliers is under some kind of suspicion and the goods he sends out are being followed up? The fact that the seizure seemed to be triggered by delivery of a new item would point that way. It may not be you they are after, but the supplier.

Inspiron Nov 23rd 2022 5:26 pm

Re: Seizure of parcels
 
I wrote a very detailed letter in French to the public prosecutor(proceurer de la republique) a month ago. Maybe he'll listen. Shocking that Douane don't reply. A deliberate ploy.I'll never get stuff back when authorities take it without reason, so ridiculous. But if it happens to me, it'll happen to everyone and they will feel the bite. Whats the point? They'll get found out eventually.

Inspiron Nov 23rd 2022 5:50 pm

Re: Seizure of parcels
 
The companies I bought from are internationally recognised, fully accredited and I bought from them ordering the same stuff since 2020. They never make mistakes, very trustworthy, do as they're told and I couldn't think of anyone better to purchase from. Its not a third world country vendor, even then they couldn't care less what you ordered.
Of course no-one think Douane steals, but it helps to read in black and white something doesn't tally with what customs have written and what you have ordered online with invoices,pictures and I've always ordered the same stuff. These arms,coutelliere merchants are not blind or stupid, they'll send what you've paid for without fail.The'll never send anything like what you are thinking maybe the subject of an investigation, don't be stupid, they give order number,description,postal address just like amazon. No one has come across anything like this with Category D,air rifles Interdit, then fraudelent. I don't think it's a mistake of any kind, especially if they refuse to answer your email, or maybe I should speak to them(on the phone number supplied) but my French is not clear.

Listen Very Carefully Nov 25th 2022 1:19 pm

Re: Seizure of parcels
 
You may find that you could get some assistance,not least in speaking to the douanes if you visit a consumer help association.Your local Mairie will be able to tell you where your nearest one is.Also there are often schemes where a lawyer can give free help and advice at least initially.Again speak to the Mairie.

Tweedpipe Nov 28th 2022 3:38 pm

Re: Seizure of parcels
 
Fwiw, I've had a few more thoughts on this with more than a few ideas that could have assisted the OP. He/she is annoyed and rightly so, but also clearly has an attitude problem, especially with comments such as, "Shocking that Douane don't reply. A deliberate ploy" and "like what you are thinking maybe the subject of an investigation, don't be stupid."

My experience with the Gendarmerie and also the Prefecture when officially requesting renewal permission of legally held equipment (backed up with a 12 page detailed dossier), shows that it has often taken up to 4 months to reply to related requests, and I've read - even far longer in other departments of France.
So firstly I don't believe for an instant that it's a deliberate ploy that the Douane haven't yet replied. It wasn't mentioned if some of the correspondence was by e-mail, but most of us know full well that emails are frequently left unaswered by the bureaucrats in France. Even with registered mail, long delays are commonplace before one gets acknowledgement of receipt, let alone satisfaction from an enquiry.
Secondly after being offered sensible, free advice here from LVC and ET, the put-down comments from the OP I consider were unappropriate. For that reason I won't be offering my other thoughts that could well have helped moved things forward.

Inspiron Dec 1st 2022 9:27 am

Re: Seizure of parcels
 
Wel I've hired a lawyer,paid him 1000 Euros, then 250 Euro/ph and after he read details of the incident I sent him. I can bet on a smooth win in Court with this one, as its such a clear distinction between right and wrong, and even if I don't get my weapons back, I'll be in line for some compensation from French-Office for violation of GDPR,Privacy law,contract etc. Thats if they found them guilty and Court finds everyhing in my favour. I read recently in a similiar French case, 40-50000 euros was awarded for such violation of legally protected data.
French-office should learn some manners,learn a lesson from myself and my lawyer not to mention a visit from Gendarmie when I show them my shooting club license, everything will fall into place.
Especially when they retrieve a box containing the same weapons currently held in French-Office that were supposedly illegal in France. I can retrieve that one no probs.
LVC I'll take your advice on board,very helpful.
I always think its better to go one a hunting/air rifle discussion forum in the Legal section. There people can empathasise with my feelings for weapons as they also hold them. Also they have expertise, contacts for specific organisations, much more in addition to what I found here(with thanks:).


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