A lorry driver, who claims he informed authorities about stowaways while returning from France, is fighting to have a £12,000 fine dropped. Michael Fletcher, 63, hailing from the Forest of Dean in Gloucestershire, says he’s being pursued by debt collectors and feels punished by Border Force “for doing the right thing”.
Mr Fletcher, who has been in the transport 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 alerted border guards to his suspicions, who, after an inspection, discovered two stowaways in the back of his lorry.
According to Mr Fletcher, officers reassured him that he had conducted all necessary checks. However, he was taken aback when he received a letter from the Border Force in February demanding a payment of £12,000.
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The letter alleged that Mr Fletcher failed to present a checklist at the time. After contesting this claim and providing a photograph of his checklist, the Border Force is now demanding a reduced fine of £3,000.
However, Mr Fletcher insists he is being unfairly targeted for acting responsibly and doesn’t understand why he should be penalised for not committing any wrongdoing. He suspects the fine was issued because border guards didn’t perform their duties properly, reports Gloucestershire Live.
The situation has caused him stress, forcing him to switch jobs in the meantime and restrict his transportation work within the UK. “I refuse to pay for a fine when I’ve done nothing wrong,” he stated.
Mr Fletcher recounted his unexpected encounter after clearing UK Immigration Control in Calais, “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.”
He detailed the incident stating, “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.”
Recalling his determined search, he continued, “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.”
Not taking any chances, Mr Fletcher alerted the authorities: “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.”
He watched the border procedure unfold as “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.”
“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.”
He concluded, detailing the thorough inspection which led to the discovery aboard his vehicle.
In a bewildering border blunder, lorry driver Mr. Fletcher recounted his frustrating experience: “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.”
He continued: “So they came down. He ended the paperwork. But he didn’t hand the camera over with the photos on.”
Fletcher painted a picture of confusion and delay: “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 episode reached its conclusion when: “The police came, they took the immigrants. The UK Border Force said, oh, here you are. Here’s your paperwork. You can go now.”
Relaying the questioning, Fletcher explained how the officers probed about his previous parking spot. He said he was asked by the officers where he had parked the night before.
To which he replied, highlighting the supposedly secure location it was in the Calais registered truck stop that the government recommends drivers should park at.
He shared his bewilderment regarding the lapse in security, saying that the officer told him they had found several stowaways in vehicles that had come from that site recently. Despite strict controls, Mr Fletcher, delivering goods from Germany back to the UK via France, insisted that something was amiss as the stowaways were not detected.
This wasn’t the first time Fletcher raised his concerns as earlier this year, he spoke to County Councillor Philip Robinson (C, Mitcheldean) who advised a conversation with then MP Mark Harper. Mr. Harper took the matter up with then Home Secretary James Cleverly, who was reportedly investigating the issue at the time.
However, the process hit a wall when Parliament was dissolved and his MP lost his seat, leaving him without representation. He expressed his frustration, saying, “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.”
He also felt ignored by the authorities: “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 remained optimistic about the case’s outcome, stating confidently, “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.”
Expressing disappointment with the current situation, he said, “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.”
Reflecting on the efforts of the former MP, he added, “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.”
He lamented the timing of political events, adding: “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 insists on needing a postal address to handle constituent casework properly a detail they say is yet to be provided by 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. In 2023, during the last Tory Government, changes were ushered in tightening regulations: escalated fines, increased maximum penalties, and a fresh penalty for failing to securely load a goods vehicle were introduced to clamp down on dangerous and illegal attempts to enter the UK.
The Clandestine Entrant Civil Penalty Scheme was launched to zero in on negligence rather than outright criminal acts, outlining an expectation that those directly engaged in human trafficking would face the full might of judicial scrutiny.
Furthermore, compliance with the new Carriers Liability Amendment Regulation 2023 could see responsible parties enjoying reduced penalties.
A representative from the Home Office made their position clear: “We are fully committed to securing the border and cracking down on people smugglers.”
They further elaborated on the aim of the new scheme: “The Clandestine Entrant Civil Penalty Scheme aims to ensure drivers are taking every reasonable step to deter irregular migration and disrupt people smugglers.”
