Border Force fines for clandestine entrants: Guidance for operators

05 November 2025

Transport companies continue to face significant fines from Border Force, and the way penalties are applied remains inconsistent, even for operators who are fully compliant.

Significant penalties despite compliance

In a recent case handled by our Commercial Litigation team, 13 clandestine entrants were found on a vehicle. This resulted in combined fines of £113,000 for both the company and driver. The company alone was fined £39,000 (£3,000 per entrant), despite having adhered to all regulations, being a member of the Civil Penalty Accreditation Scheme, and not receiving any penalties over the past five years.

Driver checklists: a common oversight

A common issue is the failure of drivers to submit completed checklists. While checklists are usually in place, they are not always handed in, and Border Force may interpret this as non-compliance. In some cases, the number of entrants found on a vehicle has led authorities to assume the driver did not conduct proper checks, even though entrants may have boarded after the vehicle had been initially inspected by the border authorities, before boarding the ferry.

Understanding the Border Force process

If an entrant is found, the vehicle will be stopped and the driver questioned. Drivers must provide documents including an up-to-date completed checklist and written instructions on vehicle security, loading procedures and avoiding known high-risk areas. Border Force will review these documents and then issue a request for information. Responding fully and promptly to this request is critical, as it is the first opportunity to avoid a fine. Once a penalty is issued, reversing it is more difficult, although appeals to the court remain possible.

Notice of objection and the 28-day rule

Operators should be aware that the 28-day period for submitting a notice of objection or appeal begins from the date on the penalty notice, not the date it is received. To avoid any dispute over timing, we would advise operators not to leave it until the last day.

Financial hardship considerations

Even if liability is not disputed, companies and drivers can submit evidence of their financial means. For the company, this would mean annual accounts, if they are a micro, small or medium business and for the driver, this would include pay slips and any other information relevant to their financial status. This can be submitted up to the date that payment is due. This can result in significant reductions, particularly for drivers.

Manage compliance proactively

Address compliance issues early, provide complete responses to information requests, and involve legal support where needed. Prompt action can prevent fines from escalating into tens or even hundreds of thousands of pounds, safeguarding both your business and your drivers.

Get expert support

If your company has received a Border Force fine or you want to ensure your vehicles and drivers are fully compliant, our team can guide you through the process. Contact us today for expert guidance.