£73,000 of Clandestine Entrant Civil Penalties Cancelled with Border Force Contributing to Costs.

Millicent Dooher, barrister, represented this European haulage company following the imposition of civil penalties after the discovery of 6 clandestine entrants in one of the Company vehicles.

An appeal was lodged to protect the client in relation to time limits, however it was noted that the penalties had been imposed out of time. Border Force have 180 days from the date that the responsible persons become responsible for the clandestine entrants, these penalties were imposed 181 days from that date and as such were unlawful.

Prior to the appeal hearing, Border Force cancelled the penalties in their entirety. Border Force also paid 50% of the Company’s costs in bringing the appeal.

If a penalty is issued unlawfully, there can be no remaining liability- it is always essential to check the dates of the penalties, but it is not sufficient to rely on this and take no action. Contact our lawyers today to see whether we can help you with a clandestine entrant civil penalty.