Lorry driver, 63, hit with £12k fine after finding migrants in back of his lorry

A lorry driver from Gloucestershire is fighting to have a £12,000 fine dropped after he alerted authorities to stowaways in his vehicle upon returning from France. Michael Fletcher, 63, from the Forest of Dean, claims he’s being pursued by debt collectors and unfairly penalised by Border Force for “for doing the right thing”.

Mr Fletcher, who has been in the transportation industry since passing his driving test in the late 1970s, was preparing to board the ferry at Calais on September 16 last year when he noticed movement in his vehicle. He immediately informed border guards, who discovered two stowaways hiding in the back of his lorry.

Despite being assured by officers that he had conducted all necessary checks, Mr Fletcher was stunned to receive a letter from Border Force in February demanding payment of £12,000.

The letter alleged that Mr Fletcher failed to produce a checklist at the time. However, after contesting this claim and providing photographic evidence of his checklist, Border Force has now proposed a reduced fine of £3,000.

Mr Fletcher insists he is being unjustly targeted for acting responsibly and sees no reason why he should be penalised for not doing anything wrong. He suspects the fine was issued due to border guards failing to perform their duties correctly, reports Gloucestershire Live.

The situation has caused him significant stress, prompting him to change jobs and limit his transportation work to within the UK. “I refuse to pay for a fine when I’ve done nothing wrong,” he declared.

Mr Fletcher recounted his astounding experience at the UK Immigration Control Zone in Calais, noting that it was upon the eve of boarding the ferry when he detected an odd jolt in his lorry. He explained, “The two vehicles in front of me started their engines and I then felt my lorry move which was strange as it was a sunny day and there was no wind.”

His intuition led him to conduct thorough checks, where he mused, “I did all the checks. I walked around to the front and I thought the only place now is up on the roof, and that’s four metres high.”

Determined, he scaled the vehicle, “So I climbed up between the lorry cab and I managed to get my hands on top and pull myself up, and I looked over and I could see tape where they cut the roof and somebody had sealed it back with tape.”

Upon discovering the tampering, he took immediate action, “So I got down and I shouted to the French border guards and they came back with the dog. I told them I thought I had somebody on board. Then about 30 minutes later the English Border Force came.”

The response from authorities was meticulous: “They had the paperwork off the French and the English officer started to take notes and he took photos of my check list. I had a book and I took that photo because I thought he was going to take the book off me.”

Despite the tension, Fletcher kept his documents well-prepared, “He held on to the book after taking photos. He looked at my insurance and all my other documents, my licences and all that. That was all in order and then they opened up and they had two people on board.”

“The English officer was looking at my paperwork checking my insurance, all that. And then he said it’s nearly time for me to finish. I’ve got some officers coming down and I will hand it all over to them.”

“So they came down. He ended the paperwork. But he didn’t hand the camera over with the photos on.”

“So that is where the photos must have been mislaid because he finished his shift and we had to wait another hour and a half for the Calais police to come in to have those immigrants taken out and let go again before they’d release me.”

“The police came, they took the immigrants. The UK Border Force said, oh, here you are. Here’s your paperwork. You can go now.”

Mr Fletcher stated: “I was asked by the officers where I had parked the night before.”

He clarified that it was at an official Calais truck stop recommended by the government. The officer noted that they had found several stowaways in vehicles from that site recently. Despite security measures, Mr. Fletcher expressed bewilderment at their inability to detect stowaways during his transit from Germany back to the UK.

Earlier this year, Mr Fletcher discussed this predicament with County Councillor Philip Robinson (C, Mitcheldean), who advised consulting then MP Mark Harper. Following this advice, Mr Harper made representations to then Home Secretary James Cleverly, who was investigating the matter.

However, progress was halted when Parliament was dissolved and his MP lost his seat, leaving him unable to continue with the case. He claims he has been unsuccessful in getting the new Forest of Dean MP Matt Bishop to investigate his situation.

“I just want my issue resolved. I’m now waiting for bailiffs to come take the value of the fine. I don’t understand how they can fine me when they haven’t taken me to court.”

“The first letter they sent to me was how to pay the fine and nobody wants to talk to me because I’m not that important.”

Cllr Robinson expressed confidence that the matter would have been resolved. “There’s no way Mark would not have got a result in that, as far as I’m concerned, I know it was a slam dunk.”

“I’ve been only too pleased to play my part in helping Fletch but where we are now is extremely frustrating due to the complete absence of help from the new MP for the Forest of Dean, Matt Bishop.”

“Our previous MP, Mark Harper, was very close indeed to resolving this unfortunate matter. A solution to this Border Force error was almost in the bag. Mark had acted quickly to involve the then Home Secretary, James Cleverly, and a happy ending was imminent.”

“But then, Rishi called the General Election, Parliament was dissolved, and Mark was no longer allowed to be involved. Had Mark been re-elected in July, all would have been well and Fletch would have been freed of his stressful and unnecessary burden.”

Mr Bishop’s team has acknowledged contact from Mr Fletcher, but they emphasise the necessity of a postal address to handle constituent casework. They also noted the absence of any correspondence from Mr Harper or Cllr Robinson.

“I would be very happy to have a meeting with the constituent and Cllr Robinson to look into this case and encourage them both to contact my team so that this can be set up,” Mr Bishop commented. The legal landscape shifted in 2023 under the previous Conservative Government, introducing steeper fines, heightened maximum penalties, and a novel penalty for failing to secure a goods vehicle properly, all aimed at preventing perilous and unlawful entries into the UK.

The Clandestine Entrant Civil Penalty Scheme is crafted to pinpoint negligence over criminal intent drivers implicated in human trafficking are expected to face legal proceedings.

Those adhering to the Carriers Liability Amendment Regulation 2023 guidelines may be granted a reduced penalty.

A Home Office representative declared: “We are fully committed to securing the border and cracking down on people smugglers.”

“The Clandestine Entrant Civil Penalty Scheme aims to ensure drivers are taking every reasonable step to deter irregular migration and disrupt people smugglers.”