Border Force Penalties Described by Judge Upon Hearing SBC Submissions as “Perverse and Unjust.” – Penalties of £32,000 Cancelled

In this appeal civil penalties for clandestine entrants had been imposed against our clients, a UK haulier and their driver, in the sum of £32,000.

Simon Clarke acted for the Appellants.

In this unusual case the vehicle was an open car transporter not amenable to the usual methods of securing against clandestine entrants. Clandestine entrants had hidden in crash-damaged cars being returned from Spain to the UK for repair, by transferring from another truck whilst on the Santander to Portsmouth ferry. The driver had conducted a final check on immediately before disembarking from the ferry and had discovered the entrants hidden in one of the crash damaged cars. He immediately called ferry security, who contacted Border Force.

Simon argued that, because the vehicle could not be properly secured, the driver had made such checks as he was able, had himself discovered the entrants whilst conducting those checks, and had called the authorities, there should be no penalties. The Court agreed and cancelled the penalties in their entirety. The Court described the imposition of penalties by Border Force in these circumstances as “perverse and unjust.”

The Court also ordered Border Force to pay our clients full legal costs in bringing the appeals.

This case is a good example of the Court’s power to exercise the discretion to cancel penalties in exceptional circumstances.

Smith Bowyer Clarke has a highly dedicated team of lawyers and paralegals who are experts in dealing with appeals against Border Force imposed civil penalties, vehicle Detention and Restoration proceedings and all road transport specialist work – call us for free advice if you have a problem.