Revenue accepts Ombudsman's finding that it failed to adhere to procedures when a car was seized.

The Ombudsman, Emily O'Reilly, has today published a Report following her investigation into the detention and seizure of a car by officers of the Customs and Excise

The complaint concerned the circumstances in which a foreign registered car was detained and seized by officers of the Customs and Excise and the penalty that had to be paid, in order to secure the release of the car.

An Italian citizen was working in Ireland on a short term contract.  He brought his Italian registered car with him to Ireland and believed that he was entitled to a Temporary Exemption from Vehicle Registration Tax. It is a condition of the exemption that the car should not be driven by an Irish citizen.  Officers of the Custom and Excise saw the complainant’s Irish fiancée in the driver’s seat and decided to detain and seize the car.  

The Ombudsman carried out an investigation into the complaint. She found that the Revenue Commissioner’s procedures provide that cars should not be seized on a random basis, and in addition that first or minor offences can be dealt with by way of a warning.  In this case the car was seized and a penalty was paid.

 The Ombudsman found:

• that in detaining and seizing the car, Revenue failed to follow its own procedures and that these actions of detention and seizure, were contrary to fair or sound administration;
• that the complainants suffered adverse affect arising from the imposition of a financial penalty, and the time and trouble taken to deal with the events complained of, and
• that in its dealings with these clients, the Revenue failed to follow its own procedures in relation to proper record keeping.

The Revenue Commissioners accepted the Ombudsman’s findings and recommendations and agreed to make a repayment to the complainants.

Contact:

Aoife Nic Réamoinn,  Investigator, Office of the Ombudsman
01 - 639 5661  e mail: aoife_nicreamoinn@ombudsman.gov.ie

General media queries:

Dave Nutley, Communications Officer,
01 639 5610   086 0231420  david_nutley@ombudsman.gov.ie