A Step-by-Step Guide to Reducing the Penalty under Section 31A of the Immigration and Asylum Act 1999 – Where Clandestine Entrants Are NOT found in your truck!!! 

Since the introduction of the new Civil Penalty Scheme in 2023 (The Carriers’ Liability (Amendment) Regulations 2023), there has been an increase in penalties. UK Border Force is actively pursuing the liable parties under section 32, where clandestine entrants are found. But what about the situations where no clandestine entrants were found? Section 31A addresses this; under this section, the UK Border Force can impose a penalty if a vehicle is not adequately secured at the point of arrival and the responsible person has not taken the necessary actions specified in the regulations. Conversely, it is essential to recognise that the initial penalty amount is typically just a starting point. See the section here  

The starting point for penalties under section 31A is £1,500.00 for both the goods carrier and the driver. This can be a significant financial blow to any transport company and its drivers. Of course, it can be said that the liability is not as high as under section 32, where the starting point is £6,000.00.  See the Code of Practice Here

By following the steps below and providing the necessary evidence, it is possible to secure significant reductions. While penalties may not be cancelled entirely, a proactive approach can make a substantial difference. 

Step 1: Understand the Penalty and Your Liability 

The owner-hirer is jointly and severally liable for its driver’s penalty. This means the company is responsible for paying the driver’s penalty if the driver fails to do so. Therefore, it is in the company’s best interest to challenge both penalties simultaneously to achieve the maximum possible reduction across the board. 

Step 2: Assess Your Eligibility for Reductions 

• For the Company: 

• Previous Record: Is this the company’s first penalty in the last five years? If yes, then the starting point for the penalty will be £1,500.00. Otherwise, the following will apply:  

• If a responsible person has been issued with one penalty in the five years prior to the date of the incident under consideration, the starting point will be £3,000.  

• If a responsible person has been issued with two or more penalties in the five years prior to the date of the incident under consideration, the starting point will be £6,000.  

• Civil Penalty Accreditation Scheme Status: Were you a member of the Border Force’s Civil Penalty Accreditation Scheme at the time of the stop? Membership can secure a 50% reduction on the company’s penalty. Normally, this reduction is calculated at the time of the stop.  

• Compliance: Can you demonstrate robust compliance with vehicle security regulations? Demonstrating that you have effective systems in place may make you eligible for an additional 50% reduction. What is very important is the compliance at the time for the owner-hirer. Normally, this involves ensuring that the driver has sufficient security devices at the time of stop and that the checklist is properly completed. The first check on the checklist is crucial for the company, as it has to be done right and it should include the seal numbers. Otherwise, the company will struggle to prove compliance.  

• Financial Means: The size of your business is a significant factor in calculating reductions on the remaining penalty amount. Find your category below: 

• For the Driver: 

• Financial Means: The driver’s penalty can be significantly reduced based on their income. To apply for this, they will need to provide payslips for the three months preceding the stop. For example, if the stop happens on 16 June 2025, you will need to provide payslips for May, April and March 2025. The reductions are normally substantial for the drivers, so it is advisable to send the means for assessment in any event.  

Step 3: Take Action – Notice of Objection 

The appeal is possible for the moment the penalty is issued, but it should be a last resort due to the time and cost implications. It is advisable to submit a Notice of Objection directly to Border Force as a first point of call.  Notice of Objection is a formal review conducted on paper, meaning that there is no need to attend court at this stage.  

You must submit your Notice of Objection within 28 days of the date printed on your IS11 penalty letters.  

Step 4: Understand the Outcome and What’s Next 

Once Border Force reviews your objection, they will inform you of their decision on the penalty amount. If you are unhappy with the decision, the appeal route remains open.  

Bonus – Document Checklist: 

• A formal Notice of Objection for both the company and the driver. 

• Border Force’s 3^rd party authority forms.  

• Proof of membership in the accreditation scheme (if applicable). 

• Evidence of your company’s compliance procedures. 

• Company financial documents (turnover OR balance sheet) to prove business size. 

• The driver’s recent wage slips. 

• Ensure all documents are originals and provide certified English translations for any that are not in English. 

If all of this is too daunting contact our lawyers for up to the minute guidance on civil penalties for clandestine entrants! They have considerable experience in challenging civil penalties – have a look here