Vehicle detained after a detection: s.36 IAA v seizure under CEMA 1979

Two different procedures

In both cases you hear that the vehicle is “detained”, but these are two separate legal regimes with different letters, authorities and deadlines. First establish from the Border Force letters on what basis the lorry was held.

• Clandestine entrant penalty (IAA 1999, s.36–37). Purpose: securing payment of the civil penalty. Release: after the penalties and detention costs are paid, or by county court order. Contact: Clandestine Entrant Civil Penalty Team.
• Smuggled goods (CEMA 1979). Purpose: forfeiture of a vehicle used to carry goods liable to seizure. Getting it back: a restoration request to the National Post Seizure Unit (NPSU). Challenging the legality of the seizure: a notice of claim within one month.

Detention linked to a penalty (Immigration and Asylum Act 1999)

Once a penalty notice has been issued, Border Force may detain the vehicle if it considers there is a significant risk that the penalty will not be paid. Detention is not used where security that Border Force considers satisfactory has been given (s.36 IAA 1999). The vehicle is released only when all outstanding penalties and the costs of detention have been paid (GOV.UK).

The person given the penalty notice, the owner or anyone else whose interests are affected may apply to the county court for release (s.37 IAA 1999). The court may release the vehicle, among other things, where:

• satisfactory security has been offered in place of the vehicle,
• there is no significant risk that the penalty and detention costs will not be paid,
• on the application of an owner to whom, or to whose employee, no penalty notice was issued, the court considers release right; it then weighs, among other things, the hardship caused and the owner’s responsibility.

The Act also allows detention of vehicles where the penalty is not paid on time (s.36A IAA 1999). This can extend to other vehicles used in the penalised person’s business, but it is not used while an appeal against the penalty is pending or could still be brought. If your vehicle is detained, GOV.UK advises emailing the Clandestine Entrant Civil Penalty Team straight away (BF.CECPT@homeoffice.gov.uk). At the same time, keep track of the 28-day objection deadline from the date of form IS11.

Seizure for smuggling (CEMA 1979)

Where goods liable to seizure are found in a vehicle (for example drugs or cigarettes), Border Force may also seize the vehicle used to carry them under the Customs and Excise Management Act 1979. Getting the vehicle back then means a request for discretionary restoration, which goes to the National Post Seizure Unit (NPSU) in Plymouth.

1. 1Notice of claim: if you want to challenge the legality of the seizure, the notice must be received within one month of the seizure (GOV.UK). Without it, the seizure is treated as lawful.
2. 2Restoration request: it should be received within 45 days of the date of seizure (GOV.UK). If you do not yet have an NPSU case number, send a short preliminary letter with a signed agent authority and ask for the reference number and the questionnaire.
3. 3Evidence of due diligence: checks on the customer and the load, seals and customs cords, written instructions and training, GPS tracking, stops at secure parking.
4. 4NPSU decision: restoration of the vehicle (sometimes free of charge) or refusal. A request for a review must be received within 45 days of the date of the decision (GOV.UK); after that, an appeal to the tribunal is available.
5. 5Collection after restoration: the deadline is set by the NPSU letter, as the public GOV.UK guidance does not set a general one. In a 2026 case we know of, it was 45 days from the date of the letter, after which the vehicle could be disposed of. The collection terms and contractor are always set out in the letter in the case.

More in the knowledge base: Procedure and deadlines: IS11, 28-day objection, appeal and Determination of Objection: what next after the Border Force decision.