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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 there was an ineffective system of prevention in place, one single penalty was justified as the imposition of two was unfair when applied to an owner/driver.

Represented by Lisa Lyden-Cowan the Court agreed with the arguments and was persuaded to exercise its discretion in all the circumstances of this case to impose only one penalty.  A very successful outcome for this haulier.

SBC continue to represent UK and European Hauliers on appeals against the imposition of civil penalties by Border Force.  Contact SBC now for a no-obligation, no cost consultation.

Case Details

Case Name: County Court Judge Agrees that Owner/Driver Should not Pay Penalties Both As Operator and Driver Caught with Clandestine Entrants.
Case Date: June 2022
Case Type (info): Civil Penalties

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