Clandestine Entrants and Civil Penalties

Appealing migrant penalties

Our lawyers have a high success rate in overturning clandestine entrant penalties issued to transport companies found carrying illegal migrants into the UK. Our clients include transport and logistics companies across Europe and beyond.

We understand the difficulties facing transport companies operating vehicles into the UK via Northern France, Calais and Coquelles. Every week there are hundreds of attempts by illegal migrants to gain unauthorised access to vehicles en route to the UK. Keeping your vehicle and trailer secure against stowaways can be a challenge.

If the UK Border Force or Customs discovers migrants in one of your vehicles, you may face a heavy fine. Our transport lawyers can help.

Civil Penalties: legal requirements

Under UK law, road transport operators and drivers are both responsible for securing their vehicles against migrants.

The UK Border Force can stop and inspect any vehicle entering the UK. They can fine businesses and drivers up to £2,000 for each migrant found.

Companies can avoid a Notice of Liability to Civil Penalty (IS11D), however to do this the operator will have to demonstrate 3 things:

1. That it did not know or suspect that migrants were hiding in the vehicle or trailer,
2. That the company operated an effective system to stop migrants being carried, and
3. That the system was being properly operated by the driver at the time the vehicle was stopped

It is the responsibility of the company and the driver to show, with evidence, that this defence applies.

Notices of Objection

If you have received a “civil penalty for the carriage of clandestine entrants”, you can write to the Border Force asking them to cancel or reduce the penalty. You will need to provide evidence that you had an “effective system in place” and that “the system was being properly operated”. A written representation of this kind is called a Notice of Objection.

At Rothera Bray we have many years of experience in preparing Notices of Objection on behalf of our UK and European transport clients. We can tell you what evidence you will need to provide and we can write to the Border Force on your behalf.

You only have 28 days to send a Notice of Objection, so if you have received a penalty notice please contact us straight away.

Notices of Objection prepared by our lawyers have an extremely high success rate in reducing or cancelling civil penalties. We can agree a fixed fee with you from the outset so that you have certainty of costs.

Appeals to the County Court

If your Notice of Objection has been unsuccessful, you have the right to appeal against your civil penalty to the County Court in the UK. Hearings of this kind usually take place at Canterbury County Court.

Our lawyers can start court proceedings, prepare your grounds of appeal and help you to gather witness statements and your evidence. Our specialist advocates can represent you at your appeal hearing and present your case.

If necessary we can also seek to negotiate a favourable settlement agreement on your behalf without the need for a court hearing.

We take a pragmatic and open approach to Appeals of this kind. Before starting an appeal we will carefully consider the merits of your case and advise you on your prospects of success.

Advice and support

For more information contact one of our specialist transport lawyers at transportlaw@rotherabray.co.uk.