A Derbyshire haulier has escaped a £28,000 fine from the
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immigration service, even though it had no evidence to prove its case.
The threat of closure has been hanging over SJ Freight of Chapel en le Frith, Derbyshire, since 14 stowaways were found in the back of a trailer in May (CM18-24 May).
Along with AMK Service, the freight forwarder which owned the trailer, SJ Freight was immediately hit with the civil penalty, but appealed, prompting a six-month legal battle. It claimed it had carried out all the necessary checks, but lacked the paperwork to prove it.
Now the immigration service has accepted the company's argument. In a letter to SJ Freight's solicitors, a spokesman says: "I am satisfied that reasonable checks were undertaken by the driver...and that the damage to the [TIll] cord on this occasion was unlikely to be discovered by a visual check, given the nature of its concealment."
However, he warns that if the situation were to arise again the company would be unlikely to escape the penalty of £2,000 per stowaway.
John Ford, transport manager at SJ Freight, describes the decision as "E28,000-worth of good news". He adds: "We are obviously pleased, but a little annoyed that it has taken six months to reach a decision."