Successful appeal against Border Force clandestine entrant fines

12 June 2025

Our Dispute Resolution recently assisted a haulage operator and its driver in successfully challenging a penalty notice issued by Border Force in relation to a clandestine entrant incident. Both the company and the driver had been issued penalties of £6,000 each following the discovery of one clandestine entrant in the vehicle.

Despite it being a first offence for both the company and the driver, Border Force argued that the vehicle checks conducted were inadequate. Their primary concern centred on the fact that the trailer seal had not been removed during the checks, which, in their view, meant the procedures undertaken were not sufficiently thorough.

However, our clients had diligently carried out all necessary checks in line with published guidance and could demonstrate compliance with the requirements expected of operators and drivers transporting goods to the UK. Crucially, the trailer seals in question were not custom seals, but they were required to remain intact due to a contractual obligation with HM Revenue & Customs. This presented a unique and compelling justification that Border Force had initially failed to appreciate.

Following a well-supported Notice of Objection, which included detailed evidence and clear references to the relevant regulations and Border Force guidance, the penalty notices issued to both the driver and the company were fully cancelled.

This case serves as an important reminder that penalty charges should always be challenged where appropriate, especially where operators and drivers can show that they acted responsibly, followed procedures, and can provide documentary evidence of their compliance.

It is not uncommon for penalty notices to be issued in circumstances where there is genuine ambiguity or operational complexity, particularly when contractual obligations may conflict with standard guidance. That’s why it is essential to seek legal advice promptly and to prepare a robust response grounded in evidence and supported by the relevant legal and regulatory framework.

Facing a Clandestine Entrant Penalty?
Our Commercial Litigation team is highly experienced in these matters. If your business has received a notice from Border Force, get in touch today to see how we can help.

This article was written by Libby Pritchard and Joanna Falk.