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UK operator's truck seized for driver's unpaid penalty

14th August 2003
Page 4
Page 4, 14th August 2003 — UK operator's truck seized for driver's unpaid penalty
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A Bristol-based haulier is believed to be the first UK operator to have a truck impounded for the non-payment of stowaway fines by its driver.

Westfield international Transport had to pay a £1,000 fine, owed by a former employee, when one of its trucks was held at Dover last week.

Managing director Bob Downton claims he was effectively blackmailed into paying because his driver had his young daughter with him In the cab.

"He had no money with him and they were going to make him walk the streets. The girl was only seven or eight years old."

Jane George, transport lawyer with Rothera Dowson, says this method of enforcement has only been possible since the Immigration & Asylum Act 1999 was amended last December: "Under the old system, they could detain the vehicle that had the stowaways in it, but not any other vehicle.

"In this case, it does seem harsh to impound a vehicle for just £1,000."

Westfield and former employee David Newman were each fined £1,000 after two stowaways were found in January, but the company appealed and has since paid a reduced fine of £200.

Downton says Newman left two months ago: "He said he would pay it back at £50 a week, but they rejected his offer.

"I've no chance of getting the money back from him. I'm the first company to pay the driver's costs in this way."

He adds that the incident has serious implications for other hauliers: if someone gets into a disagreement with me, they could get their own back by bringing in a load of Immigrants and destroying the company. It stinks."

A letter sent by the Home Office to Westfield in June warned of preparations to detain any vehicle owned or hired by the company because of Newman's unpaid penalty.

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