Clandestine Entrants & Civil Penalties

Appealing Migrant Penalties

Our lawyers have a high success rate in overturning clandestine entrant penalties issued to 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. Securing vehicles and trailers against stowaways can be very difficult.

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 it operated an effective system to stop migrants being carried
  3. That the system was being properly operated at the time the vehicle was stopped.

We work closely with our clients to gather evidence and to prepare notices of objection. We have a very high success rate in reducing or cancelling penalties.

Appeals to the Court 

We always try to reduce or cancel a civil penalty without the need for a court hearing. If needbe however, our advocates will appeal civil penalties to the court in the UK. Court hearings of this kind usually take place at Canterbury County Court.

Advice and Support

For more information contact one of our specialist transport lawyers at transportlaw@rotherasharp.co.uk , or you can also call us on 01159106218

At Rothera Sharp we can also help operators reclaim vehicles, trailers and loads detained by the UK Border Force.