What happens if there are clandestine entrants in my vehicle?

This page explains what vehicle drivers should do if clandestine entrants are found in their vehicle, what we will do, and what rights drivers and haulage companies have. For information about clandestine entrants and the fines we may impose on those who carry them, see What vehicle operators must do to prevent clandestine entrants.

What to do if you find clandestine entrants during your journey

Drivers who find clandestine entrants after their arrival in the United Kingdom should not approach them. Stay in your cab and telephone the local police. The police will take details of the driver and the driver's company and inform us about the clandestine entrants. We may write to both the driver and company requesting information about the security system operated on the day in question. We will then decide whether to impose a fine.

What happens if clandestine entrants are found by United Kingdom immigration officers?

If we find clandestine entrants in a vehicle at United Kingdom immigration controls at a port either within the United Kingdom or in mainland Europe, we may interview drivers about the security system they were using to prevent people hiding in the vehicle on that day. Drivers may refuse to be interviewed and can leave at any stage, but it is in their interests to give us as much information as possible to support their defence. We will consider all relevant information before deciding whether to issue a fine and how much the fine should be.

We may also contact the driver's employer and/or the owner or hirer of the vehicle and ask for information about the security system they have in place to protect their vehicles from clandestine entry.

A senior officer will decide whether it is appropriate to fine any of the people involved. The level of penalty code of practice (PDF 103K opens in a new window) gives examples of how we decide when to impose a fine and how much the fine should be.

If the officer decides to impose a fine, he/she will give or send form IS11 to those responsible. This shows the amount of the fine and explains that payment must be received within 60 days of the date the form is issued.

Drivers and vehicle operators have a right to object to the Civil Penalty Unit and/or to appeal to any county court against the fine. This must be done within 28 days of the date on which form IS11 was issued. We will send you guidance on objections and appeals (PDF 28K opens in new window) when we issue form IS11.

What to do if your vehicle is detained

We may detain a vehicle if:

• an outstanding fine has not been paid, or
• a senior officer has issued a form imposing a fine and is concerned that the company will not pay it within the 60-day time limit.

In both cases, the Civil Penalty Unit will release the vehicle only when it has received payment of all outstanding fines and any costs incurred as a result of the detention.

How to pay a fine

It is not possible to pay fines at ports. If one of your vehicles has been detained, you should contact the Civil Penalty Unit as soon as you are told that.

How to object to a fine

If we serve you with notice of a fine, we will also give you information on how to object. There is no charge for objecting. The objection needs to be in the form of a letter, in any language. You should send it to the Civil Penalty Unit and ensure that the unit receives it within 28 days of the date that the notice was issued. Objections received outside of the time limit will not normally be considered.

For information about contacting the Civil Penalty Unit, see How to contact the Civil Penalty Unit.

How to appeal against a fine

If you are unhappy with how we have dealt with your objection to the Civil Penalty Unit, or you wish to appeal to a county court directly, you can do so within 28 days of:

• us imposing the original fine; or
• us deciding the outcome of your objection.

You should make the appeal on form N161, which you can download from the HM Courts Service website. You can also download guidance on completing the form and what you should do with it.