A Step-by-Step Guide to Reducing the Penalty under Section 32 of the Immigration and Asylum Act 1999 (where clandestine entrants are found in the vehicle)

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.

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 – The starting point for penalties under section 32 is £6,000.00 for both the goods carrier and the driver. This can be a significant financial blow to any transport company and its drivers:
• If a responsible person has no record of liability in the five years prior to the incident under consideration, the maximum penalty to be used as a starting point in determining their level of penalty will be £6,000.

• 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 £10,000.00.

• 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. Usually, 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. Typically, this involves ensuring that the driver has sufficient security devices at the time of stop and that the checklist is completed correctly. The first check on the checklist is crucial for the company, as it must be correctly completed and 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.

Please note that the penalties are likely to be reduced, but they may not be cancelled in their entirety.  However, if the Company is deemed compliant with regulations and is a member of the Border Force’s Civil Penalty Accreditation Scheme, then the penalty for the Company should be set at £0.

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 for three months before the stop, if unavailable, please provide the bank statement.
• Ensure all documents are originals and provide certified English translations for any that are not in English.