Congratulations to HMRC, for winning the 2014 Golden Bull Award presented by the Campaign For Plain English for ''the worst examples of written tripe''.
As per the Campaign For Plain English:
"Our Golden Bull winners, too, were of a typically high standard. We’ve once more carefully selected the worst of the year’s written tripe. This is never an easy task. But, after sifting through countless examples of dire communication, we have settled on a select awful few."Well done HMRC!
Here is the entery that won it the gong:
"Can I switch from flexible drawdown to capped drawdown?Gongs all round (eh Lin?;))!
[Schedule 165 (3B) Finance Act 2004]
No – the test on whether or not you qualify for flexible drawdown is only at the start of flexible drawdown. The decision to move to flexible drawdown is irrevocable under the tax rules and you can't lose the ability to take drawdown pension using flexible drawdown. Once you are in flexible drawdown it is for you and your scheme administrator to decide how much you take out and how often. The amounts drawn under flexible drawdown may be similar to or different from the amounts allowed under capped drawdown. However, there are tax consequences if you subsequently make contributions to or resume active membership of any registered pension schemes after taking flexible drawdown."
Tax does have to be taxing.
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Yeah HMRC have just got an award from the diatribe and bullshit police for beyond comprehension 'customer service'
ReplyDeleteW@NKERS
Can I add an example of written tripe please:
ReplyDeletehttp://www.telegraph.co.uk/finance/personalfinance/tax/10972205/I-deserve-20000-bonus-says-HMRC-chief.html
I would like the views of Barristers, Solicitors, HMRC, and Haulage industry professionals as to:
ReplyDeleteWhere I went wrong?
What could I have done better?
How am I supposed to operate across borders without carrying a supply of blank CMRs to accommodate the regular occurrence outlined below?
Back ground information:
International haulier stopped while entering the U.K. after collecting a load in mainland Europe.
The collection point for the load did not have facilities to generate a CMR.
The driver provided a blank CMR to the loaders, assisted them in completing the CMR and left a fully completed and signed copy at the load site the remaining copies accompanied the load.
Direct quote from an HMRC Higher Review Officer
“Blank CMR documents were found in the cab of the vehicle and Mr ####### stated that if there was not a CMR for the load either he or someone else could fill one in. This is not the action one would expect from a reputable transporter”
At this stage I will not name the officer concerned as I do not wish to embarrass him unduly, but I do feel this issue needs to be publicised, clarified, and in my opinion the person concerned taken to task and retrained.
Try driving across borders WITHOUT the correct documents. You MUST have a CMR for the load and in the event of your load point NOT providing one the ONLY option you have is to provide / generate one for the load yourself.
Deleteunless you are 100% sure that ALL load collection points can and will provide this document YOU have no alternative but to carry blank copies.
Is there anyone in a position of influence with the will and ability to stop the rot?
ReplyDeletePerhaps the vested interests are so deep there is no chance of HMRC being forced to do its job properly, who knows, the sheeple don't care as long as they are distracted by the likes of Black Friday, Strictly, Da Apprentice or some tarts derriere!
Obviously the officer has never been in the cab of your average transfer Euro hgv.
ReplyDeleteIt is just a piece of paper after all, and about as much use as a piece of toilet paper in the rain.
The whole system is based on trust and compliance, trouble is when you add money into the equation it all goes bosoms up.
Due diligence is difficult to apply when your competition does not bother and the average driver ain't there to do the Cussie's work. Yes they should know what they are carrying whether it's a single load or groupage but the authorities need a reality check, ferries carrying hidden lorry loads of illicit diesel or kerosene cross the Irish Sea regularly, and that's some risk especially when the nearest Air Sea Rescue for the Southern Irish Sea is Chivenor in North Devon or Valley in Anglesey.
Now that's perspective.
Why is an HMRC representative with so little haulage industry knowledge allowed to 'conclude' in this way and assume that the transporter is not 'reputable'
ReplyDeleteWhat the CMR note is
ReplyDeleteThe CMR is a consignment note with a standard set of transport and liability conditions, which replaces individual businesses’ terms and conditions. It confirms that the carrier (ie the road haulage company) has received the goods and that a contract of carriage exists between the trader and the carrier. Unlike a bill of lading, a CMR is not a document of title nor a declaration, although some states regard it as such. It does not necessarily give its holder and/or the carrier rights of ownership or possession of the goods, although some insurance is included.
What the CMR note is
The CMR is a consignment note with a standard set of transport and liability
conditions, which replaces individual businesses’ terms and conditions. It confirms that the carrier (ie the road haulage company) has received the goods and that a
contract of carriage exists between the trader and the carrier. Unlike a bill of lading,
a CMR is not a document of title nor a declaration, although some states regard it as
such. It does not necessarily give its holder and/or the carrier rights of ownership or
possession of the goods, although some insurance is included.
f the vehicle was seized the notice of seizure (C156?) Should have spelt out chapter and verse not only why but also where to lodge an appeal beyond HMRC if necessary
Anyone having dealt with CMR's will be aware or how useless they actually are.
Oh yes, BT, for the benefit of those not aware what a CMR is, does and more importantly, does not do, please reread the first 2 parts of this blog.
IT'S FROM YOUGOV
It should be read an understood by HMRC investigators, appeals tw@ts and 'learned' counsel before having a go at hauliers again.
You know it makes sense!
So the issue of having a supply of blank CMRs available to use for such purposes is neither untoward or a sign of bad repute? Indeed it could be said that the lack of such available paperwork could be construed as such?
DeleteON THE .GOV site !!!!!!
DeleteThe description should be acceptable to the consignor and consignee. For security reasons, you do not always want the carrier to be able to identify valuable goods.
So use any description if its worth something!!!!!!!!
INCREDIBLE
How to complete the CMR note
ReplyDeleteYou can fill in the CMR yourself, or you can have a freight forwarder or the carrier do it for you. However, you remain responsible for the accuracy of its contents.
A range of information needs to be covered in the CMR note, including:
The date and place at which the CMR note has been completed.The name and address of sender, carrier(s) and consignee (the person to whom the goods are going).A description of the goods and their method of packing. The description should be acceptable to the consignor and consignee. For security reasons, you do not always want the carrier to be able to identify valuable goods.The weight of the goods.Any charges related to the goods, such as customs duties or carriage charges.Instructions for customs and any other formalities such as dangerous goods information.
This list is not comprehensive. For full details you can download a copy of theCMR Convention from the UNECE website (PDF, 60K).
Generally there will be four copies of a CMR note. One will be kept by the trader and another by the carrier, while the third will travel with the goods all the way to their final destination. The final is the administration copy.
While the carrier is liable for any loss, damage or delay to a consignment until it is delivered, the trader is responsible for any loss or damage the carrier suffers resulting from incorrect details having been provided in the CMR note.
Ignore the duplicate previously please.
This is the 2nd part...
So, there we have it from the government itself.
ReplyDeleteA CMR is;
Not a declaration!
Not the equivalent of a bill of lading
You can fill it in yourself
Not required to identify a variety of goods, charges, customs duties or instructions for Customs or carriage charges ( guess that also means it is not a formal of import or EU Aquistion Declaration then?)
Interesting then to note that the trader/owner Iis deemed responsible for any loss or damage the carrier suffers resulting from incorrect details having been provided in the CMR note ( says feck all about who completed it ).
So, that's what the government says, irrespective of what HMRC "experts" or appeals clowns may state.
Wow, get this into court with someone like Michael Mansfield QC briefed for you and sit back and fill yer boots!
ALL HMRC Higher Review Officers MUST take note AND review their reviews, yet again the system and process is flawed!
DeleteWe are talking IGNORANCE, INCOMPETENCE, and MISCARRIAGES of JUSTICE here
An article condemning HMRC for poor English introduces the winning quote with: "Here is the entery that won it the gong:" - pot, kettle anyone?
ReplyDeleteits called a sence ov humur !! You are obviously HMRC so a bit biarsed and tetchy! lol
DeleteAnd with your appalling grammar and spelling I can only assume that you are totally illiterate as well as being irony deficient.
DeleteLeave my mums mum out of this! AND I had a father! AND I take my vitamins! lol
DeleteDere's nuffink rong wiv my ingrish inn'it, an eye ain't no milliunair neiver, aye is multy- milliunair see! My mate Jon a fan woss sez fark off, cnuts!
DeleteIs it coz I is Rustle Bland why you diss me?
ReplyDeleteknow wood knot insalt u wit dat layble!!
DeleteON THE .GOV site !!!!!!
ReplyDeleteThe government encouraging deception on import / export CMRs
this is a direct quote
"The description should be acceptable to the consignor and consignee. For security reasons, you do not always want the carrier to be able to identify valuable goods".
so if I understand correctly, if its a valuable load the sender can tell the driver its something completely different via the CMR and send him across borders with it to the delivery point.
Anyone see a problem with this?
Anyone volunteer to be the driver?
Obviously my post of 3/12 @ 20:17 and the preceding posts were not clear enough.
DeleteMessage to secretary, must do better!