Skip to main content Skip to footer

Appealing Migrant Penalties

Our lawyers have a high success rate in overturning clandestine entrant penalties issued to transport 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. Every week there are hundreds of attempts by illegal migrants to gain unauthorised access to vehicles en route to the UK. Keeping your vehicle and trailer secure against stowaways can be a challenge.

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 the company operated an effective system to stop migrants being carried, and
  3. That the system was being properly operated by the driver at the time the vehicle was stopped

It is the responsibility of the company and the driver to show, with evidence, that this defence applies.

Notices of Objection

If you have received a “civil penalty for the carriage of clandestine entrants”, you can write to the Border Force asking them to cancel or reduce the penalty. You will need to provide evidence that you had an “effective system in place” and that “the system was being properly operated”. A written representation of this kind is called a Notice of Objection.

At Rothera Bray we have many years of experience in preparing Notices of Objection on behalf of our UK and European transport clients. We can tell you what evidence you will need to provide and we can write to the Border Force on your behalf.

You only have 28 days to send a Notice of Objection, so if you have received a penalty notice please contact us straight away.

Notices of Objection prepared by our lawyers have an extremely high success rate in reducing or cancelling civil penalties. We can agree a fixed fee with you from the outset so that you have certainty of costs.

Appeals to the County Court

If your Notice of Objection has been unsuccessful, you have the right to appeal against your civil penalty to the County Court in the UK. Hearings of this kind usually take place at Canterbury County Court.

Our lawyers can start court proceedings, prepare your grounds of appeal and help you to gather witness statements and your evidence. Our specialist advocates can represent you at your appeal hearing and present your case.

If necessary we can also seek to negotiate a favourable settlement agreement on your behalf without the need for a court hearing.

We take a pragmatic and open approach to Appeals of this kind. Before starting an appeal we will carefully consider the merits of your case and advise you on your prospects of success.

Advice and Support

For more information contact one of our specialist transport lawyers at transportlaw@rotherabray.co.uk , or you can also call us on 08456 465 465

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

Send us a message

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Anton Balkitis

“Our experienced and specialist team represent clients nationally on a day-to-day basis”

Anton Balkitis
Head of Transport Law

If you’re happy then we’re happy too.

4.8 358 reviews

Posted 27/01/2020

Rothera Sharp Solicitors’ ‘skilled’ team handles personal injury claims including public liability, accidents at work and road traffic accidents often involving – among others – children and foreign nationals. Recent work included settling a claim for a pedestrian involved in a road traffic accident, acting for a child claimant following a hand injury sustained at a playground and representing a claimant in a public liability claim pertaining to fractures sustained on a slippery floor. Elisabeth Halls combines ‘good judgement with the right amount of scepticism and has a proven ability to optimise outcomes for claimants.

Legal 500, 2017

Posted 27/01/2020

I cannot thank you enough for all you have done for me. I don't know whether you can truly appreciate how incredibly important the success of this matter is to me. I couldn't have done this without you, and there just aren't the words to express my gratitude to you for all this. You have enabled me to have a peace of mind and you just can't put a price on that. Please tell Rebecca how absolutely thrilled to bits I am with the work you have done for me, which is beyond priceless and for which I will be forever grateful

Mediation Client

Posted 27/01/2020

I want to say a massive thank you for all your hard work….I will never forget how you were prepared to believe in me….you energetically pursued my case to achieve the best possible outcome

J Wilson

Posted 27/01/2020

My previous dealings with Rothera Bray have always been excellent-total efficiency and professional. Jayne Smith previously and now Emily Weston. I would always use Rothera Bray as my solicitors. Thank you.

David Armstrong

Posted 12/08/2020

I would highly recommend James Briggs, solicitor at Rothera Bray. He has been extremely helpful, patient and thorough whilst helping me with affairs following the death of my husband. Even during lockdown (covid) he maintained communication and kept me informed of what was happening. He successfully achieved the outcome I needed and I would not hesitate to recommend him.

Yvonne Gold

Posted 30/09/2020

We are in the middle of launching our own packaging agency and contacted Rothera Bray for some professional legal advice with regards to contracts. After an initial call with Billy, he made it clear what we needed and asked plenty of questions to understand what it was we needed. He was very responsive to our questions, whether it be over the phone or via emails and made the process really simple. We had little experience in this area so it was fantastic to work with Billy, who explained everything concisely. We were also really pleased with the quick turnaround and great value offered. Would thoroughly recommend working with Rothera Bray.

Tom Burden, Director of Rightbox Ltd

Posted 30/09/2020

Billy understood our requirement from the get go and really nailed down on what we needed in our commercial agency agreement. Billy kept us informed every step of the way and showed great professionalism. We would recommend his services to any start-up business who is in need of legal advice and guidance with commercial contracts.

Axl Barber, Sales Director of Rightbox Ltd

Posted 11/02/2021

I was extremely pleased with the service that Kerry provided in order to sell my mothers house. Good, prompt communication and all questions dealt with or answered as requested. Consequently I would recommend yours services to others.

Adam Stevens

Posted 07/06/2021

Dear Sally, I can’t thank you enough for today! You took the pressure off me and I felt so looked after and understood everything that was happening. Thank you so much!

Kelly Neave

Posted 07/06/2021

My experience with Rothera Bray was an easy and smooth process, regarding a settlement agreement with a previous employer. They helped me understand all the legal jargon and details and made it very clear what the agreement was asking of me and what they would provide in return without it seeming complicated. They were prompt and resolved any issues or queries I had and I found them to be friendly and professional. I would definitely recommend Rothera Bray to anyone seeking legal advice, even if you've had no experience with a solicitor before, as they're very welcoming and help you to understand everything.

E. Jackson

Posted 06/07/2021

Thank you for all your hard work, which paid off in the end. As well, thank you for your amazing service and support you provided for me all the way through. It was pleasure to work with you and I wish you all the best.

Patrik Fresko

Posted 27/09/2021

I recently had the good fortune to engage Rothera Bray for a company sale. From start to finish, Sandeesh Samra and the team were on hand to give practical and professional advice.

Alison Purchas

Contact our Transport Team
Transport Team
Natalie Abbott

Natalie Abbott

n.abbott@rotherabray.co.uk

Natalie works in our Lace Market office. She is a Partner and Employment Law specialist with over 10 years’ experience representing both businesses and individuals across a range of employment services including settlement agreements, discrimination, dismissals and redundancy.

Anton Balkitis

Anton Balkitis

a.balkitis@rotherabray.co.uk

Anton Balkitis leads the Transport Law team and is a nationally recognised Transport and Motoring Law specialist at Nottingham-based law firm Rothera Bray Solicitors.

Olivia Maginn

Olivia Maginn

o.maginn@rotherabray.co.uk

Olivia Maginn is a transport and motoring law specialist at our Lace Market office.

Corina Radu

Corina Radu

c.radu@rotherabray.co.uk

Corina Radu is a Paralegal in Rothera Bray’s Transport department and is based at our Lace Market office.

Georgina Power

Georgina Power

g.power@rotherabray.co.uk

Georgina Power is a Paralegal in Rothera Bray’s Transport team and is based at our Lace Market office in Nottingham city centre.

Chelsey Sewell

c.sewell@rotherabray.co.uk

Chelsey Sewell is a paralegal in Rothera Bray’s transport and motorist offence department and is based at our Lace Market office in Nottingham city centre.

Lindsey Richmond

Lindsey Thorpe

l.thorpe@rotherabray.co.uk

Lindsey is a Paralegal based in our transport and motorist offence department in our Beeston office.

Find out how Rothera Bray can help you