Civil Penalties for Clandestine Entrants Archives | Page 2 of 5 | Smith Bowyer Clarke

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Archive: Civil Penalties for Clandestine Entrants

Clandestine Entrant Penalty for Driver Reduced by 91.3%.

This driver received a penalty from Border Force following the discovery of 5 clandestine entrants in his vehicle. The Driver did not object to the imposition of the penalty but could not afford to pay the penalty at the level it was set. Following written representations on the level of […]

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Border Force Cancel Penalty for Clandestine Entrants on Appeal to County Court

A European haulier facing liability for a civil penalty which had been reduced following a successful appeal to Border Force appealed to the County Court on the basis they had an effective system in place and the level of the penalty was still too high. SBC lodged an appeal with […]

Civil Penalties for Clandestine Entrants Comments Off on Border Force Cancel Penalty for Clandestine Entrants on Appeal to County Court
Haulier Penalty Reduced by 45% and Driver Penalty Reduced by 95% after Written Representations by SBC

A European haulier facing liability for a civil penalty and also joint and several liability for their driver’s penalty following the discovery of clandestine entrants in one of their vehicle has a successful outcome following an to appeal to Border Force. Lisa Lyden-Cowan provided written representations to Border Force by […]

Civil Penalties for Clandestine Entrants Comments Off on Haulier Penalty Reduced by 45% and Driver Penalty Reduced by 95% after Written Representations by SBC
Border Force Cancel Operator’s Penalty and Reduce Driver’s Penalty by 95% for Clandestine Entrants

A European haulier facing liability for a civil penalty and also joint and several liability for their driver’s penalty following the discovery of clandestine entrants in one of their vehicles has a successful outcome following an to appeal to Border Force. Lisa Lyden-Cowan provided written representations to Border Force by […]

Civil Penalties for Clandestine Entrants Comments Off on Border Force Cancel Operator’s Penalty and Reduce Driver’s Penalty by 95% for Clandestine Entrants
Civil Penalties For Clandestine Entrants Cancelled after Written Representations by SBC

An international haulier facing liability for a civil penalty and also joint and several liability for their driver’s penalty following the discovery of clandestine entrants in one of their vehicles has a successful outcome following an appeal to Border Force. Lisa Lyden-Cowan provided written representations to Border Force by way […]

Civil Penalties for Clandestine Entrants Comments Off on Civil Penalties For Clandestine Entrants Cancelled after Written Representations by SBC
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 […]

Civil Penalties for Clandestine Entrants Comments Off on County Court Judge Agrees that Owner/Driver Should not Pay Penalties Both As Operator and Driver Caught with Clandestine Entrants.
Civil Penalty Reduced by over £10,000.00 on Financial Representations.

Millicent Dooher, barrister, made written representations on a financial basis for this European haulier and driver following the discovery of a number of clandestine entrants in the vehicle trailer. The Company did not meet the statutory defence, however neither the Company nor the Driver could afford to pay the penalties […]

Civil Penalties for Clandestine Entrants Comments Off on Civil Penalty Reduced by over £10,000.00 on Financial Representations.
Another Clandestine Entrant Civil Penalty Success – Appeal allowed with costs

A European Haulier facing liability to a civil penalty imposed by Border Force of several thousand pounds, following the discovery of clandestine entrants (illegals) in their vehicle, has been successful in appealing the decision to the County Court. SBC were instructed to represent the haulier before the County Court where […]

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Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State

A truck belonging to our client, a major European haulier, was found to contain a large number of clandestine entrants (‘illegals’) in the sealed trailer. Later another of their trucks suffered a similar incursion. As always, Border Force imposed substantial Civil Penalties against our client and their drivers, claiming that […]

Civil Penalties for Clandestine Entrants Comments Off on Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State
Civil Penalties Reduced by More than 50% Upon Financial Grounds Only

Millicent Dooher, barrister, submitted a Notice of Objection on behalf of this haulier and driver following large penalties being imposed after clandestine entrants were discovered within a vehicle trailer. These clients objected to the penalty on the level only, after accepting that they did not have in place a proper […]

Civil Penalties for Clandestine Entrants Comments Off on Civil Penalties Reduced by More than 50% Upon Financial Grounds Only

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