Paccar Financial Polska Sp z oo v Director of Border Revenue

Decision date: 18 July 2024

Neutral citation: [2024] UKFTT 642 (TC)

Overall AI summary confidence: high

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Short overview

This short overview is intended to summarise the case, issues and outcome so far as they are supported by the judgment.

AI confidence in this short overview: high

Paccar appealed a Border Force decision that restored a seized leased vehicle (Vehicle 1) for a £2,500 fee, arguing the fee was unreasonable and inconsistently applied compared with another vehicle (Vehicle 2). The Tribunal found Officer Collins applied the correct factors and restoration policy, that Paccar had contractual control and had not shown adequate due diligence over its sub‑lessee, and dismissed the appeal, leaving the £2,500 restoration fee in place.

Ratio decidendi

This summary is intended to identify the ratio decidendi, meaning the legal reasons for deciding and the binding part of the decision.

AI confidence in this ratio decidendi summary: high

Where a lessor has contractual control over a vehicle and has expressly consented to a sub‑lease, it can be reasonable for a decision‑maker to expect the lessor to take steps beyond merely reviewing the sub‑lease to ensure the suitability of a sub‑lessee; a review officer may exercise discretion guided by restoration policy and a decision consistent with the policy’s aims is not necessarily unlawful or unreasonable.

Obiter dicta

This summary is intended to identify obiter dicta, meaning observations made by the way that were not necessary to deciding the case and are not binding.

AI confidence in this obiter dicta summary: medium

The Tribunal observed that a narrowly construed restoration policy could be vulnerable to circumvention by tiered leasing and sub‑leasing arrangements, and noted practical options lessors might use to address sub‑lessee risk (eg indirect contractual protections, direct due diligence or indemnities), without deciding on their practicality.