Fine cancelled for motorhome couple who found migrant



A couple who were fined £1,500 after they reported a migrant had clung to a bike rack on their motorhome have been told the penalty has been cancelled.

The Home Office had ordered Adrian and Joanne Fenton, from Heybridge in Essex, to pay the fine for "failing to check that no clandestine entrant was concealed" in the vehicle as they crossed the English Channel.

Mr Fenton said Border Force had now told him it had taken his objection to liability into consideration and reduced the fine to £0.

The couple originally highlighted the case on BBC Three Counties Radio, and Mrs Fenton said she was "ecstatic" about the Home Office's change of heart.


The couple say the stowaway was found under a bicycle rack cover

Mr Fenton, 57, had boarded Le Shuttle from Calais to Folkestone in Kent on the evening of 15 October, after they had been travelling around France.

Mrs Fenton, 55, told the JVS show on BBC Three Counties Radio that, after a six-hour drive, her husband had unzipped the cover of the bicycle rack and found the migrant inside.


Mrs Fenton said the migrant told police he was 16 and from Sudan

The couple said they called the police to tell them they had found the stowaway. Mrs Fenton said the boy later informed the police he was 16 years old and from Sudan. They then received an email saying they were being fined.

Mrs Fenton argued that the man had been clinging to the outside of the motorhome rather than being inside it. Mr Felton said he had thought he had done the right thing by calling the police. The couple have now received an email from Border Force, which is part of the Home Office, reducing the fine to £0.

Mrs Fenton said: "It's about motorhomes and caravaners coming through the borders - how many more people are going to get caught out exactly the same?"

Her husband added: "We don't want anyone else to go through what we've gone through. If someone does call the police because they've got someone discovered in their motorhome, Border Force shouldn't even be considering fining them because everyone's doing the moral and the right thing."  He said the Home Office should "be looking at their policy and make sure that it's fit for purpose and not targeting holidaymakers".

Mrs Fenton said the couple would still take their motorhome abroad but would be "ultra careful - there'll be no covers over the bike rack".

Not fully understanding how fines and convictions work in this case.... I guess there is a distinction between 'reducing the fine to £0' and dropping the case altogether?

32 Penalty for carrying clandestine entrants.

(1)A person is a clandestine entrant if—

(a)he arrives in the United Kingdom concealed in a vehicle, ship or aircraft,
(aa)he arrives in the United Kingdom concealed in a rail freight wagon,
(b)he passes, or attempts to pass, through immigration control concealed in a vehicle, or
(c)he arrives in the United Kingdom on a ship or aircraft, having embarked—

(i)concealed in a vehicle; and
(ii)at a time when the ship or aircraft was outside the United Kingdom,

and claims, or indicates that he intends to seek, asylum in the United Kingdom or evades, or attempts to evade, immigration control.

10.—(1) A notice may be served on a person under regulation 9(3) by:
(a)delivering it to that person;
(b)leaving it at his proper address;
(c)sending it to his proper address by first class post in a prepaid registered envelope or by the recorded delivery service;
(d)facsimile, sent to his usual or last known business facsimile number;
(e)electronic mail, sent to his usual or last known business electronic mail address.