Private sale incorrectly marked as gift

I recently bought something privately but the sender marked it as a gift rather than goods and thus I am going to be charged for excess value over the gift threshold whereas I would not have been if it was marked correctly as goods. I have a PayPal transaction listing the item paid for so there is a trail and I am assuming I will have to submit a claim, but I wondered how likely it will be accepted given that it was marked incorrectly from the sender. I have told them that they need to mark as goods in future but that doesn't help me now.

If you are purchasing something then you are correct it shouldn’t be declared as a gift. Only goods between two private individuals with a value below £39 are relieved of import duty an import VAT. For goods being purchased or over the gift threshold there is a duty relief for goods below £135 but VAT is charged on the whole value. Over £135 and there is duty and import VAT charged. There is no basis for you to be charged only for the excess over the gift allowance. If you do think you have been overcharged duties then you can submit a reclaim.

Hi,

We are unable to advise whether a claim would be successful or not as each claim is reviewed on their merit. 

If the import was done using Royal Mail/Parcelforce, please use the form here:

Report incorrect Customs Duty or VAT on items imported by post (BOR286)

If the import was done using private courier, please use the form here:

How to apply for a repayment of import duty and VAT if you've overpaid (C285)

Thank you.