We represented a Portuguese haulier served with a notice of liability to civil penalty for £24,000. 12 clandestine entrants were discovered in their vehicle when checked upon arrival to the UK. The driver had discovered their presence and then alerted the authorities but was also served with a Civil Penalty Notice to pay £6,000.
We made detailed representations to the Border Agency. We explained all the steps the driver had taken throughout his journey highlighting his robust security checks. We also highlighted the training, and systems and measures taken by the operator to ensure compliance with the Civil Penalty regime.
We also explained that the request for a driver to pay well beyond his means was wholly disproportionate. More particularly, the fact that the driver presented the clandestines to the authorities should in itself be sufficient grounds not to pursue the penalties. Our objections to payment of the Civil Penalties were accepted in full and the request for payment of Civil Penalty was withdrawn for both company and its driver.
“The fact that the driver had completed a security checklist and followed the Civil Penalty Code of Practice for the prevention of clandestine entrants, as well as presented the clandestines to the authorities was in itself sufficient grounds not to pursue the penalties and as a result we successfully got the Civil Penalty withdrawn.”