AN Evesham man could land a huge compensation payout after customs seized his car and a haul of tobacco he was bringing into the country.

A judge has told customs officials they must reconsider a decision to confiscate 3,400 cigarettes and 30 kilos of rolling tobacco which were found in Paul Nevin's car in May 2001.

Mr Nevin told customs officials at Dover he had bought the tobacco in France for his own personal use as both he and his wife were heavy smokers.

He smoked around 80 roll-ups a day and his wife 20 cigarettes a day.

But officials refused to believe him, confiscated all the tobacco and his car, and eventually sold it on in payment for the fine.

Now a judge at a VAT and Duties Tribunal in Birmingham has decided Mr Nevin's claims are reasonable, and has accepted all the tobacco is for personal use.

Mr Nevin had ironically travelled to France to save money, as he worked out he would have been spending £100 a month on cigarettes rather than £100 a week.

He said he was stunned when he was stopped and told he had brought too much tobacco into the country, as a P&O leaflet had said any amount could be brought in if it was for personal use.

"The judges were unanimous in finding me to be a credible witness and they have ordered customs to do a review taking into account what they have said," said the father-of-three.

"I want to be compensated for my vehicle and the tobacco, as no matter how much it was, it was for my personal use.

"I went to France to save money and I have ended up losing money.

"I am just an ordinary man, and I have ended up in court representing myself against the Government."

Customs and Excise have been given 56 days to decide whether to accept the judge's decision and compensate Mr Nevin, or take the case to the High Court.

His wife has now kicked the habit, and he has cut his cigarette intake from 80 a day to 40 or 50 a day.

"The reason we cut down was because we had lost all this money, and could not even afford a holiday for the kids last year," he added.