European Haulier Successfully Reduces Clandestine Entrant Civil Penalties

C E Transport Law was instructed to represent a European haulier following the imposition of Civil Penalties totalling £12,000 against the operator and its driver.
The penalties had been imposed by Border Force following the discovery of clandestine entrants who had inadvertently been brought into the country by road.
It was alleged that there had been a number of failures by both the driver and the operator in relation to the required security procedures. These alleged shortcomings resulted in a higher financial penalty being imposed under the relevant Code of Practice.
Laura Newton acted on behalf of the operator in challenging the penalties by way of a formal Notice of Objection.
Detailed written representations were prepared addressing the operator’s financial circumstances, together with evidence of the compliance procedures and security measures it had in place to prevent clandestine entrants gaining access to its vehicles.
Following consideration of the Notice of Objection and the representations made on the operator’s behalf, the total liability was reduced from £12,000 to £1,700.
The reduction of more than 85% resulted in a substantially more manageable financial outcome for the operator.

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