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Official guidance
Customs Civil Penalties Guidance

CCPG26200 · Warning letter: considering whether to issue a warning letter

  • CCPG26210 · What is a warning letter
  • CCPG26220 · Customs Penalty Action Checklist
  • CCPG26230 · Checking whether we are within time limits for a warning letter
  • CCPG26240 · Establishing who is to be warned
  • CCPG26250 · Considering the category of contravention
  • CCPG26260 · Considering any previous action taken
  • CCPG26270 · Warning letter: considering whether to issue a warning notice: considering reasonable excuse
  • CCPG26280 · Considering overall whether a warning letter is the best way of achieving compliance
  • CCPG26290 · Example of a decision to use a warning letter
  1. Warning letter: considering whether to issue a warning letter: contents
  2. Warning letter: considering whether to issue a warning letter: considering any previous action taken

CCPG26260 | Warning letter: considering whether to issue a warning letter: considering any previous action taken

From HM Revenue & Customs · Customs Civil Penalties Guidance

When completing the Customs Penalty Action Checklist (CPAC), it is important that the compliance officer considers the trader’s

  • level of experience (for example, is this their first intervention?) and

  • compliance history (for example, have they previously received education and advice).

This is important because

  • if we have not taken any previous action as it is the first time a trader has encountered this process, then providing education may be more appropriate than issuing a Civil Penalty Warning Letter (CPWL),

  • if the previous action was more than two years ago we will treat this as a new contravention or

  • if we have already issued a CPWL about a broadly similar contravention within the last two years then we should issue a penalty, rather than considering a further warning letter.

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

Once we have checked and dependent on what has been done previously, we may consider proceeding with CPWL action.

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