A Clandestine Entrant is an illegal immigrant concealed in a vehicle for the purposes of avoiding UK Border Controls.
If Clandestine Entrants are found in a vehicle both the driver and vehicle operator will have imposed upon them a civil penalty with a maximum payable of £2,000 per entrant. The vehicle operator is jointly and severally liable for the driver’s penalty. Non payment will result in vehicle seizures.
We have been fighting these cases for clients since the law was introduced and succeeded in the Court of Appeal when the law was amended to its present state. The number of such cases has remained reasonably constant and there seems no likely of any change in the near future.
We can assist with case presentation, negotiation and were required appeals against civil penalties. We can also advise on the necessary system which UKBA require to be in place to prevent Clandestine Entrants gaining access to vehicle. If these systems are in place, documented, drivers trained and bare being properly implemented a defence to these civil penalties is available.