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
Topolski Stanley & Associates prepares objections, negotiates reductions in penalties and handles appeals as well as the recovery of detained vehicles. The first consultation is free.