MOT DVSA Disciplinary Hearing | Smith Bowyer Clarke

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MOT DVSA Disciplinary Hearing

Our client, an Authorised Examiner, was given a Notice of Cessation of MOT Testing Centre Authority, after an allegation of issuing a fraudulent MOT Certificate. DVSA refused to allow an oral hearing and therefore a written appeal had been sent by our client and dismissed by the DVSA appeal panel. We were instructed to advise if there was any avenue of appeal, given that DVSA had refused to allow an oral hearing and had seemingly failed to properly investigate our client’s version of events. Our barrister Simon Clarke acted for the Client and issued a request to the High Court for permission to Judicially Review DVSA’s decision. Our client was delighted that permission was granted by the High Court. DVSA in turn withdrew their decision given the indication of the Court and offered our client the opportunity to present an oral hearing. The Judge criticised DVSA’s refusal to allow an oral hearing. DVSA have agreed to pay our client’s legal costs. This is a very significant win for the MOT industry as the disciplinary system is at times criticised for failure to properly and independently review and investigate such matters.

Case Details

Case Name: MOT DVSA Disciplinary Hearing
Case Date: July 2020
Case Type (info): MOT DVSA

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