Archive: Civil Penalties for Clandestine Entrants
Civil Penalties For Clandestine Entrants Cancelled after Written Representations by SBC
An international haulier facing liability for a civil penalty and also joint and several liability for their driver’s penalty following the discovery of clandestine entrants in one of their vehicles has a successful outcome following an appeal to Border Force. Lisa Lyden-Cowan provided written representations to Border Force by way […]
County Court Judge Agrees that Owner/Driver Should not Pay Penalties Both As Operator and Driver Caught with Clandestine Entrants.
An owner/driver haulier received two penalties following the discovery of clandestine entrants in their truck. Border Force decided that the haulier should be penalised both as a driver and as an owner. SBC were instructed to appeal against the double-imposition on the basis that, whilst the law allowed it, as […]
Civil Penalty Reduced by over £10,000.00 on Financial Representations.
Millicent Dooher, barrister, made written representations on a financial basis for this European haulier and driver following the discovery of a number of clandestine entrants in the vehicle trailer. The Company did not meet the statutory defence, however neither the Company nor the Driver could afford to pay the penalties […]
Another Clandestine Entrant Civil Penalty Success – Appeal allowed with costs
A European Haulier facing liability to a civil penalty imposed by Border Force of several thousand pounds, following the discovery of clandestine entrants (illegals) in their vehicle, has been successful in appealing the decision to the County Court. SBC were instructed to represent the haulier before the County Court where […]
Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State
A truck belonging to our client, a major European haulier, was found to contain a large number of clandestine entrants (‘illegals’) in the sealed trailer. Later another of their trucks suffered a similar incursion. As always, Border Force imposed substantial Civil Penalties against our client and their drivers, claiming that […]
Civil Penalties Reduced by More than 50% Upon Financial Grounds Only
Millicent Dooher, barrister, submitted a Notice of Objection on behalf of this haulier and driver following large penalties being imposed after clandestine entrants were discovered within a vehicle trailer. These clients objected to the penalty on the level only, after accepting that they did not have in place a proper […]
Civil Penalties Reduced by £9000 and Costs Awarded in Full
Millicent Dooher, barrister, represented this European Haulier at the Civil Penalty Appeal hearing before the Circuit bench. Having had 9 clandestine entrants found within the vehicle by Border Force, penalties totalling almost £20,000 were levied against the Company and Driver. Both Company and Driver appealed on the level of these […]
Civil Penalties reduced by 75%
Millicent Dooher represented a Driver who had a civil penalty imposed following the discovery of 8 clandestine entrants. Despite the Driver having no documented checks of the vehicle, no vehicle security checklist and no spare security devices, Millicent Dooher was able to put forwards financial representations for the Driver and […]
Operator and Driver Faced £12000 of Civil Penalties – All Cancelled on Appeal to the County Court
Barrister, Millicent Dooher successfully appealed the civil penalties imposed on this Company and their Driver. 10 clandestine entrants had been discovered in the trailer of the vehicle arriving in the UK. After a contested hearing, the Circuit Judge found that the statutory defence was made out and the penalties, totalling […]
Civil Court Success for Truck Body and Trailer Manufacturer
Our client, a designer, manufacturer and fitter of commercial vehicle bodies and trailers, was sued by a customer for what was alleged to be poor workmanship. In a court hearing this week the court struck out the claim and awarded our client all of his legal costs in defending the […]
