Civil Penalties for Clandestine Entrants Archives | Smith Bowyer Clarke

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Archive: Civil Penalties for Clandestine Entrants

Almost 85% reduction in Clandestine Entrant Civil Penalty

This European Haulier, represented by Millicent Dooher, was appealing a penalty following the discovery of clandestine entrants. Millicent was able to secure a reduction in the penalty by almost 85% on a financial basis. For any clandestine entrant civil penalty, the Company is jointly and severally liable for the penalty […]

Civil Penalties for Clandestine Entrants Comments Off on Almost 85% reduction in Clandestine Entrant Civil Penalty
Clandestine Entrant Civil Penalty reduced by £53,000.00

Barrister, Millicent Dooher, represented this European Haulier at a civil penalty appeal hearing before the County Court. The haulier faced penalties of £64,000.00 following the discovery of clandestine entrants in a Company vehicle. Millicent was able to obtain a significant reduction of £53,000.00 in this appeal. The Appellant haulier was […]

Civil Penalties for Clandestine Entrants Comments Off on Clandestine Entrant Civil Penalty reduced by £53,000.00
Means assessment successfully applied following imposition of a s.31A (Unsecured Vehicle) Immigration and Asylum Penalty

Millicent Dooher was able to obtain a means assessment for this Romanian haulage company and driver following the imposition of a penalty under s.31A of the Immigration and Asylum Act, for having an unsecured vehicle. An unsecured penalty for a Company increases with how many times a vehicle owned by […]

Civil Penalties for Clandestine Entrants Comments Off on Means assessment successfully applied following imposition of a s.31A (Unsecured Vehicle) Immigration and Asylum Penalty
s.31A penalty (Unsecured Vehicle) cancelled for Dutch Company

Millicent Dooher, barrister, was able to secure a cancellation of the penalty imposed against this Dutch haulage company following the imposition of a s.31A penalty. A s.31A penalty is imposed under the Immigration and Asylum Act 1999 for vehicles that are not secured. This is where there are no clandestine […]

Civil Penalties for Clandestine Entrants Comments Off on s.31A penalty (Unsecured Vehicle) cancelled for Dutch Company
50% Reduction to s.31A (Unsecured Vehicle) penalty

Barrister, Millicent Dooher, represented this Romanian Haulage Company following a s.31A penalty imposed for having an unsecured unaccompanied load. Millicent was able to ensure that the penalty was reduced by 50% on a means basis.

Civil Penalties for Clandestine Entrants Comments Off on 50% Reduction to s.31A (Unsecured Vehicle) penalty
Financial reduction on civil penalty – out of time

Millicent Dooher was able to secure a financial reduction on a clandestine entrant civil penalty for this Lithuanian Haulage Company, despite the request being out of time. The penalties for both Company and Driver were reduced. For all civil penalties, Border Force set a time limit to respond or pay […]

Civil Penalties for Clandestine Entrants Comments Off on Financial reduction on civil penalty – out of time
£98,000 Reduction on Clandestine Entrant Civil Penalty

Millicent Dooher, barrister, was instructed to represent this European haulier and their driver following the imposition of civil penalties upon this discovery of clandestine entrants. Millicent was able to present the evidence to Border Force who then reduced the penalties by almost £100,000 in total. The starting point for any […]

Civil Penalties for Clandestine Entrants Comments Off on £98,000 Reduction on Clandestine Entrant Civil Penalty
Successful Means-Based Objection Halves Civil Penalties for Company and Driver

The Company’s total civil penalty liability was halved (reduced by 50%). Upon an initial review of the case, there was no indication of compliance with regulations. Despite this, a Notice of Objection was filed on the basis that this objection was not to contest the finding of liability, but to […]

Civil Penalties for Clandestine Entrants Comments Off on Successful Means-Based Objection Halves Civil Penalties for Company and Driver
 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 […]

Civil Penalties for Clandestine Entrants Comments Off on  Border Force Penalties Described by Judge Upon Hearing SBC Submissions as “Perverse and Unjust.” – Penalties of £32,000 Cancelled
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 […]

Civil Penalties for Clandestine Entrants Comments Off on Civil Penalties of £76,000.00 are reduced to less than £1,000.00 on Appeal

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