Clandestine Entrant Civil Penalty reduced- With Costs- Following Appeal Being Lodged.

This European haulier, represented by Millicent Dooher, was facing civil penalties in the sum of £22,000.00 following the discovery of 2 clandestine entrants in one of the Company’s vehicles. The Company was already found to have been fully complaint, and as such faced £10,000.00 of their own penalties and £12,000 of their driver’s penalties.

The appeal was lodged on a means basis only for both Company and driver. Prior to the hearing, the Respondent (Border Force) offered to reduce the penalties as requested. The Company penalty was reduced by 25% and the Driver penalty was reduced by over £11,500.00. The Respondent also agreed to pay 50% of the Appellant’s costs incurred in bringing the appeal.

Companies are jointly and severally liable for their Driver’s civil penalties. This means that, although the penalties are limited to £10,000.00 per responsible person, for each clandestine entrant, the liability that Companies have is up to £20,000.00. For many Drivers, a financial assessment of their income can result in a significant reduction- even where there is non-compliance with the Regulations. If you have received a civil penalty, contact one of our lawyers today.