Challenging a civil penalty for a clandestine entrant

If stopped by Border Force, a driver may be interviewed regarding their journey, the steps taken to secure the vehicle, and any records maintained of those checks. The information provided during the interview will inform Border Force’s decision on whether a civil penalty should be imposed, and if so, the level of that penalty.

Where a penalty is issued, Border Force will send a formal notice specifying the amount payable. This is typically due within 60 days of the notice’s issue date, subject to any objections or appeals.

Under the Clandestine Entrant Civil Penalty Scheme, vehicle owners, drivers, hirers, and operators may be subject to two types of civil penalties:

• A penalty of up to £6,000 for failing to adequately secure a goods vehicle, even where no clandestine entrant is found; and
• A penalty of up to £10,000 per clandestine entrant discovered within the vehicle.

Reductions may apply depending on the specific circumstances of the case, including the steps taken to secure the vehicle and any other supporting evidence provided.

The final civil penalty imposed under the Clandestine Entrant Civil Penalty Scheme will be assessed based on whether the responsible individual(s) or company qualifies for any applicable reductions or discounts, taking into account the specific circumstances of the case.

The starting point for liability is determined by the maximum penalty level, which varies depending on whether the responsible parties have a prior record of liability.

Discounts may be applied where:

• The responsible parties are members of the Civil Penalty Accreditation Scheme.
• The responsible person present during the vehicle’s journey to the UK complied with the Carriers’ Liability Regulations 2002.
• A responsible person who was not the driver and not present during the journey nonetheless took steps to ensure compliance with the Carriers’ Liability Regulations 2002.

Further reductions may be available based on the financial circumstances of the responsible parties. This form of reduction is only applicable to penalties imposed for carrying clandestine entrants.

For example, where a company is fined for transporting clandestine entrants, means testing may be applied to small and medium-sized enterprises, with the following reductions:

• Micro businesses – 75% reduction.
• Small businesses – 50% reduction.
• Medium businesses – 25% reduction.

With the appropriate combination of discounts and reductions, it is possible for the penalty amount to be reduced to £0.

Each case is assessed individually, based on the information and evidence provided.

Objecting to the penalty

Individuals or companies issued with a Penalty Notice may submit a written objection, setting out full reasons and providing supporting documentation. The objection must be received by the Home Office within 28 days of the date the Penalty Notice was issued.

Where financial hardship is a concern, evidence of the responsible party’s financial situation – demonstrating the impact of paying the penalty – should be included with the objection. It is essential that all supporting documents are submitted at the same time as the written objection. Additional information provided after a decision has been made will not be considered, except in exceptional circumstances.

Appealing against the penalty

Regardless of whether an objection has been submitted, responsible parties retain the right to appeal to the County Court against the imposition or amount of a civil penalty.

An appeal must be lodged:

• Within 28 days of the date of issue of the Penalty Notice; or
• If an objection was made, within 28 days of the decision date on that objection.

Responsible parties may submit alternative proposals for payment, such as payment by monthly instalments. Any proposal must be received by Border Force within 28 days of the date the Penalty Notice was issued.

Our Immigration team is experienced in advising both organisations and individuals facing civil penalties issued by the Home Office. We prepare robust representations, assess statutory defences, and guide clients through complex enforcement processes with clarity and precision.

Whether you are seeking to challenge a penalty, mitigate its impact, or ensure future compliance, we deliver tailored, outcome-focused support that protects your interests and helps you move forward with confidence.