Conquering Complex Logistics Obstacles with the CMR Convention

Conquering Complex Logistics Obstacles with the CMR Convention

Introduction 🚚

In this case study we uncover the intricacies of an unexpected obstacle that required strategic thinking, effective communication, and a deep understanding of the CMR Convention. Get ready to witness the resilience and problem-solving prowess of our client as they navigate the trenches of this logistics challenge. Let’s dive in!

Client Profile 🏢

In this week’s case study, we delve into the challenges faced by a well-established transport company with a strong presence in Europe. With a wide network of clients and a reputation for handling complex logistics operations, this client finds themselves embroiled in a gripping tale that tests their problem-solving skills and understanding of the CMR Convention.

The Challenge 🌊 

One fateful day, a truck loaded with pallets arrives at its designated destination, only to encounter a daunting obstacle. The pallets, unfortunately, were poorly arranged and presented significant challenges for unloading at the warehouse. The unloading facility refuses to accept delivery, demanding that the pallets be rearranged before accepting the goods. With time slipping away and alternatives running thin, the client must grapple with finding a solution while adhering to the regulations outlined in the CMR Convention.

Claims Trans Intervention 💪

Recognizing the complexity of the situation and the need for expert guidance, the client reaches out to Claims Trans for assistance. Our team of seasoned cargo claims experts diligently assesses the circumstances, examining the details of the case against the provisions of the CMR Convention. Armed with their expertise, they become the client’s trusted legal partner, ready to navigate the trenches of this logistics challenge.

Our Strategy ⚖️ 

With the CMR Convention as their guiding principle, Claims Trans formulates a strategic approach tailored to the unique circumstances at hand. Article 15 of the Convention serves as a beacon, directing the next steps towards seeking instructions from the sender. Collaborating closely with all parties involved, our team communicates and negotiates to find a balanced and fair resolution while ensuring adherence to the legal framework.

Impact & Lessons Learned 🎉 

Through extensive dialogue and careful deliberation, a consensus emerges among the involved parties. Ultimately, the decision is made to return the truck to Spain, where the pallets can be properly rearranged. This solution aligns with the provisions of the CMR Convention while demonstrating the practical application of legal principles in real-world logistics challenges. The experience underscores the significance of clear communication, adaptability, and the expertise of claims handling professionals in overcoming obstacles and achieving successful outcomes.

Conclusion 🔍 

This case study serves as a testament to the complexity of logistics operations and the crucial role of incorporating the CMR Convention into strategic decision-making. By embracing the legal lifelines provided by the CMR Convention and partnering with trusted experts like Claims Trans, logistics companies can navigate even the most challenging circumstances with confidence and resilience.

What are the dangers and prevention opportunities for carriers when carrying cargo to the UK?

What are the dangers and prevention opportunities for carriers when carrying cargo to the UK?

ship-claims-trans

E

very month there are thousands of attempts by illegal immigrants to gain unauthorized access to vehicles en route to UK. Keeping your vehicle and trailer secure against stowaways can be a challenge. If the UK Border Force or Customs discovers immigrants in one of your vehicles, you may face a heavy fine up to up to £2,000 per illegal entry. Furthermore, your cargo is valuable. If clandestine entrants enter your vehicle, they may cause damage to the cargo, and its recipient may reject it. This can cause more complications, prolonged discussions and it may jeopardize successful business relations.

There are important pillars that every transport company should focus on when performing transport courses in and outside United Kingdom. Not only the overall safety of the driver and the freight can be increased, but carriers also have to act in compliance with all guidelines and requirements, the following key points should be considered:

1.Secure loading and unloading🧳

Those in control of loading / unloading operations, should check the vehicle prior departure. When possible, drivers should aim to park at secure facilities and always check for cuts or tears in the outer shell or fabric of the vehicle.

2.Vehicle security checklists and written instructions for the drivers 🗐

All drivers should have, and consistently use vehicle security checklists. Ideally the operators should fill their check list three times a day from the day of the loading. You can print an appropriate security checklist directly from the government site

📑LINK TO FREE SAMPLE CHECKLIST 📑

3.Provide additional training to drivers🏫

 All drivers should have an adequate training that covers processes, including what to do if they find any clandestine entrants on board. Their training should cover truck security, vulnerable spots on their vehicle and how to use the checklist correctly.

4.Provision of the right equipment🔧

Security devices, such as padlocks, seals and tilt cord, should be used to secure a vehicle as soon as it is loaded. This prevents stowaways from climbing on board once a loaded truck is left unattended. Security equipment should be checked at regular intervals.

5.Regular Checks✔️

Drivers should check their vehicle at the end of every stop and before they cross a border. If a driver suspects someone is attempting to enter their vehicle or has entered their vehicle, they should contact local police as soon as it is safe to do so. Drivers should not attempt to approach the stowaway themselves.

6.Accreditation scheme📝

Companies can join an accreditation scheme to help reduce penalties. To qualify they must have an effective security system for their vehicles and be in complete compliance with all requirements.

The Civil Penalty Code of Practice is an important document for all hauliers and truck drivers to read. You can download it from here:

ENGLISH

BULGARIAN

How can you defend against a civil penalty? 🛡️

If clandestine entrants are found in your vehicle after arriving in the UK, you and your company may receive a Notice of Liability to a Penalty IS11 Letter form Border Force. At this stage, no decision has been made regarding the imposition of any penalty. You now have 28 days from the date of the letter to respond and present your justifications and prove that you did not know or did not have reasonable grounds to suspect that a clandestine entrant was hidden in the vehicle and that you had secure systems in place which were properly operated at the time of the breach.

If you don’t manage to convince Border Force and find yourself in this unfortunate position, you will receive a second letter Notice of Penalty and an IS11 Form. This will tell you how much you are being fined and will invite you to file a Notice of Objection to Border force.

If after filing the Notice of Objection, the Border Force’s decision is still unfair, your only option is to appeal this to the County Court. You should make an appeal on Form N161 and pay court fee when sending your appeal. Judge will review your case and will make a decision whether the fine was properly imposed on you. The judge can diminish the fine or even abolish it completely, hence it is crucial to guarantee that your case is properly presented.

It is a difficult and expensive problem to resolve that’s why having a reliable and trustful guidance determines the course of events. Our company Claims Trans have advanced experience in the communication with key institutions and leads the process with agility, diligence and resilience. We know how to navigate the situation through whatever obstacle comes your way due to various cases we have represented. Our goal is to give you not only a quality and effective service but peace and vindication of right.