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:
- That it did not know or suspect that migrants were hiding in the vehicle or trailer
- That it operated an effective system to stop migrants being carried
- 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 email@example.com , or you can also call us on 01159106218
At Rotheras we can also help operators reclaim vehicles, trailers and loads detained by the UK Border Force.
Send us a message
“Our experienced and specialist team represent clients nationally on a day-to-day basis”
Head of Transport Law
Posted 27 January 2020
This was my first experience using a solicitor, something I felt quite daunted about. Rothera Sharp (Greg and Petra) put me at ease and were very helpful.
Posted 27 January 2020
Last year I experienced a car accident, as a front seat passenger. I put forward a personal injury claim with Rothera Sharp. From start to finish, my claim has been dealt with efficiently and professionally, and I have always felt my best interests were considered. All communications were made via letter or email to inform me of all further updates. My claim has now come to an end and I am very happy with the overall outcome. I would recommend Rothera Sharp for their service.
Posted 4 February 2020
We cannot recommend Chris Powell of Rothera Sharp more highly. Mr Powell demonstrated the upmost professionalism with a high level of knowledge of the area for which he was representing us. Anyone needing representation/advice regarding the area of haulage will find that Chris Powell and Rothera Sharp are the best choice.
Posted 4 February 2020
Claim dealt with efficiently and to a satisfactory conclusion. Wayne Vickers visited me at home initially and explained everything thoroughly. Professional service throughout. Recommended
Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rotheras Solicitors.
Olivia Maginn is a transport and motoring law specialist at Nottingham based law firm Rotheras Solicitors.
Chris Powell specialises in road transport law and motoring defence. He advises and represents haulage and PSV operator licence holders and drivers on all road transport regulatory matters.
Joanne Derbyshire is a Trainee Solicitor currently in the Transport department.
Hardeep Chumber is a paralegal in Rotheras Motoring and Transport department and is based at our Lace Market office.
Amra Zaman is paralegal in our Transport and Motoring department, Amra is based at our Head Office in the Lace Market.
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