£24,000 Clandestine Entrant Civil Penalties Cancelled with Costs Following Unlawful Penalties.

Millicent Dooher, Barrister, represented this European haulage company following the imposition of civil penalties against both the Company and Driver. The penalties were imposed at £12,000.00 for both Company and Driver. The Company is jointly and severally for the driver’s penalty.

In this case, Millicent had identified that Border Force had imposed the penalties 181 days after the date that the company and driver had become responsible for the clandestine entrants. The law requires that a penalty is impose before the end of 180 days: making the penalties unlawful. The matter went before the County Court who cancelled the penalties where they exceeded the lawful time limit.

The Court also awarded the Appellant their full costs in the matter.

If you have received a civil penalty following the discovery of clandestine entrants, or even for having an unsecured vehicle, get in touch with one of our lawyers today.