Civil Penalties for Clandestine Entrants Halved on Appeal to County Court

This European Haulier, represented by Harry Bowyer at the County Court, won their appeal against a civil penalty imposed after 21 Clandestine Entrants were found in one of his lorries. The lorry had made it through the control zone at Coquelles and was about to make its delivery when the driver heard noises coming from the trailer. The operator called the Police who discovered the 21 Clandestine Entrants.

Border Force were informed and initially imposed civil penalties of £12,600 on the operator and £8,400 on the driver. Notices of objection were submitted and the civil penalties were reduced to £4,200 for the operator and £126 for the driver. The Operator did not feel that this was fair as they had called the police and placed themselves in the hands of Border Force – a less responsible haulier would have opened the doors and looked the other way.

The County Court Judge had some sympathy with this view, describing the initial civil penalty assessments as “ridiculous.”

He found that the operator’s system for dealing with clandestine entrants was inadequate but reduced the civil penalty by half to £2,100.