50% reduction and full costs awarded to European Haulier at clandestine entrant civil penalty appeal hearing

This European haulier was represented at their appeal hearing before the County Court following the discovery of 1 clandestine entrant. The appeal was lodged on the basis that the Company had fully complied with the relevant regulations (and ought to get a 50% reduction) and that the Company qualified for a means assessment (and ought to get a further 50% reduction).

At the hearing, the Court determined that the Company had not complied with the regulations, but that they did qualify for the means assessment. The penalties were reduced by 50% and, as the appeal was successful, the Company were awarded their full costs in bringing the appeal, to be paid by Border Force.

It may be 1 clandestine entrant or 20 clandestine entrants that are found in a vehicle, but where the starting point of the penalties are £10,000 per entrant, per responsible person, this can mean that a haulier has liability for up to £20,000 per entrant as they are jointly and severally liable for the driver’s penalty. See if we can help you today!