JMW’s Commercial Road Transport team has secured success for its client, a Slovenian haulage company, in a somewhat novel case involving the clandestine entrant civil penalty scheme.

Laura Hadzik (Partner and Head of Commercial Road Transport) and Rachel Airriess (Trainee Solicitor) were instructed by a Slovenian haulage company following an incident whereby Border Force alleged that 6 clandestine entrants were found concealed in one of its vehicles.

Border Force’s Clandestine Entrant Civil Penalty Team wrote to both the company and the driver requesting further information in relation to the incident to assist them in deciding whether a penalty should be imposed and, if so, the level of any penalty.

JMW’s team were instructed to prepare comprehensive written representations in response to this request and, having considered those representations, Border Force have confirmed that, exceptionally, they will be taking no further action against the company or driver - there will be no penalties imposed.

This case was somewhat novel in that the alleged clandestine entrants were detected inside the company’s vehicle during the course of its return journey from the UK to Slovenia. 

The vehicle had entered the UK via a Calais-Dover ferry crossing without issue five days prior to the date of the incident. It had delivered its incoming international load to 6 different locations across the UK (travelling as far North as Yorkshire) before commencing its return journey to Slovenia, collecting goods from 3 different locations in the UK en route to the Port. It was upon arrival at the third loading point (in Maidstone, Kent) that the driver discovered people concealed inside the trailer and alerted the Police.

JMW’s team successfully argued it was clear that the persons found on board had gained entry to the trailer whilst it was already in the UK and during the course of the journey back to Slovenia (most likely when the driver was taking his daily rest in Maidstone the night before his arrival at the third loading point), particularly given the trailer had been opened at least 8 times, its entire contents had been unloaded, and it had been part re-loaded between the time of its entry into the UK and the discovery of persons on board. 

On that basis, the persons found on board had neither arrived in the UK concealed in the vehicle nor had they passed, or attempted to pass, through immigration control concealed in the vehicle. They could therefore not possibly be clandestine entrants (within the meaning of Section 32 of the Immigration and Asylum Act 1999). There was therefore no liability to a penalty. 

Border Force agreed.

JMW’s Commercial Road Transport team has a wealth of experience advising international haulage and coach operators in relation to clandestine entrant civil penalties and has a proven track record for successfully securing the cancellation of penalties. This case illustrates the benefit to operators of seeking specialist legal advice at the very early stages following any incident involving Border Force and the clandestine entrant civil penalty scheme - even before any penalty has been issued.