On 13 February 2023 the maximum rates were raised dramatically - the penalty per passenger rose from £2,000 to £10,000. The current maximum amounts are set out below.
Why even £20,000 for a single person?
The penalty can be imposed on both the driver and the operator (owner / hirer) of the vehicle - each of them up to £10,000 for the same person. The operator is usually also liable for paying the driver's penalty. As a result, the combined amount for a single passenger can reach £20,000, and with several people - a multiple of that sum.
How the penalty is calculated (Code of Practice)
Border Force is required to apply the official “Level of penalty: code of practice”. The starting point is the maximum penalty, from which discounts are deducted depending on the circumstances of the case.
- No previous penalties (of the driver and/or operator).
- Membership of the Civil Penalty Accreditation Scheme.
- The financial circumstances of the driver and operator.
- Compliance with the vehicle securing requirements (Carriers' Liability Regulations 2002).
The practical takeaway
The amount in the first letter is almost always the maximum rate. A well-documented objection with supporting evidence can significantly reduce the penalty - which is why it pays to act rather than pay straight away.