The penalty is not a foregone conclusion. There are recognised lines of defence, and a well-documented objection can lead to the amount being overturned or significantly reduced.
The main lines of defence
- Showing that the required system of vehicle safeguards and checks was in place (statutory defence).
- Evidence that the driver did not know and could not have known of the passenger's presence.
- Demonstrating circumstances that reduce the penalty in line with the Code of Practice.
- Challenging procedural errors on the part of Border Force.
What to do immediately after receiving a penalty
- 1Don't pay automatically - check the 28-day deadline to object.
- 2Secure your evidence: checklists, photographs, tachograph, CMR, procedures.
- 3Draw up the objection with full reasoning and supporting evidence.
- 4Consider seeking legal advice before the deadline passes.
Free consultation
Centrum Wsparcia Border Force prepares objections, negotiates reductions in penalties and handles appeals as well as the recovery of detained vehicles. The first consultation is free.