Civil Penalties of £76,000.00 are reduced to less than £1,000.00 on Appeal

Our client, a European haulier, faced £76,000.00 in civil penalties following the discovery of 6 clandestine entrants in their vehicle. Simon Clarke of SBC acted for both the Company and the driver. The appeal was based on the failure by Border Force to serve the Penalty Notices in time; they must do so within 180-days of the incident giving rise to the penalties. Here, because Border Force served the Company penalty on an incorrect email address, the Company only learned of the penalties some 300-days from the incident and well out of time. At the appeal hearing Border Force tried to argue that the Notices were served on time because they were issued (dated) in time.  The Judge, agreeing with Simon Clarke’s Skeleton Argument that service is ineffective if the Notices are sent to an incorrect email address, dismissed Border Force’s argument as unrealistic – service occurs when the recipient receives the Notice at the correct email address. The Judge cancelled the Company penalty. The driver’s penalty Notice, demanding £36,000, had been sent to the correct postal address and so was valid.  Nevertheless the Judge reduced the driver’s penalty from £36,000 to £960.

The time limit to lodge an appeal to the County Court is 28-days from the date of the imposition of a penalty, or a Border Force rejection of a Notice of Objection. If these time limits are missed for no good reason the Court may refuse your appeal, and you will have to pay the penalties.

If you have clandestine entrant civil penalties and have missed a time limit, get in touch with one of our barristers today and see if we can help you with your out-of-time appeal.

Smith Bowyer Clarke has an enviable reputation for expertise in civil penalties and all aspect of road transport law. Our experienced team of specialist road transport lawyers can advise and represent hauliers and drivers with any road transport related legal difficulty.