Kreisash

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.