Border Force accept Company compliance for clandestine entrant civil penalty, reducing the penalties by 50% and contributing to appeal costs

This European haulier, represented by Millicent Dooher, lodged an appeal to the County Court on the basis that they were entitled to a 50% reduction on their penalty for full compliance with the Regulations. The penalties had already been reduced on a means basis at the Notice of Objection stage.

Prior to the hearing, Border Force accepted the evidence that had been put forwards on behalf of the Company, accepting that the regulations had been fully complied with and reducing the penalty for the Company by 50%. Border Force also agreed to contribute to the Company’s legal fees in brining the appeal.

An appeal can be lodged either within 28 days of a penalty notice or within 28 days following a determination of a Notice of Objection where a Company or Driver is not satisfied with the decision of Border Force at that stage. One of the main areas that appeals are successful in, is establishing compliance by the Company with the relevant regulations.