1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188 
As the Road Haulage Association says, proving your innocence when
Page 28
If you've noticed an error in this article please click here to report it so we can fix it.
stowaways are found is based around a "layered defence". Don't rely on one check, and insist that your drivers fill out the Code of Practice checklist the RHA provides, as agreed with the Home Office. This will ultimately be your greatest defence against any fine levied.
You must show an effective checking system is in place. CO, checks are not infallible, and, in the absence of a port official providing you with a receipt, won't count for much.
Transport lawyer Tim Culpin advises you demand the fine is reduced or removed, since this is an inexpensive procedure and often yields results.
The Home Office produces a document called Civil Penalties Procedure. It states a fine cannot be imposed if a stowaway is found to be a 'fence jumper': "Fence jumpers are those people who have bypassed the UK-juxtaposed control point to conceal themselves in a vehicle in the ferry lanes. For the purposes of the legislation, such persons are not clandestine entrants because they have not passed the control hidden in a vehicle and a civil penalty cannot be imposed in such circumstances."