Recent Cases | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Please find some of our recent cases below.

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Operator Keeps Licence at Traffic Commissioner’s Public Inquiry, Subject to a Time Limited Curtailment of their Margin Despite Failing to Act on a “Strong Warning Letter.” - December 2024

This operator, represented at Public Inquiry by Barrister Harry Bowyer, received a “strong warning letter” from the Office of the Traffic Commissioner in 2023. A Desk Based Assessment in 2024 revealed that the same faults were still very much present. The operator took action by establishing a strong transport team […]

91.9% Reduction in Civil Penalty Imposed in Calais After 5 Clandestine Entrants Found in Trailer - December 2024

Border force imposed an £80,000 penalty on a Turkish Operator and Driver after  5 clandestine entrants found in the trailer of a lorry. Murray Oliver helped the operator to answer the initial questionnaire from Border force and then raised a notice of objection which caused Border force to reduce the […]

Civil Penalty for Clandestine Entrants Reduced from £24,000 to £3150 - December 2024

A Turkish operator found himself with a £24,000 liability after 2 clandestine entrants were found attempting to gain access to the UK in the back of one of his trucks. Murray prepared a detailed objection to the penalties which were reduced to just under £3150.

17 day Curtailment of 1 Vehicle for Operator with 100% MOT failure and Operating above their Authorisation. - November 2024

This Company, represented by Millicent Dooher, had been called before the Office of the Traffic Commissioner following an unsatisfactory maintenance and driver’s hours DVSA investigation. There were concerns with use of an unauthorised operating centre, use of a vehicle over the authorisation and a 100% MOT failure rate along with […]

Company and Driver Escape with Minimal Fines Following 60% Overload in 3.5 Tonne Van - November 2024

Millicent Dooher represented both Company and Driver before the Magistrates’ Court following an offence of overloading. The vehicle, a 3.5 tonne van, was overloaded by 60% upon the DVSA stop. Millicent was able to persuade the Magistrates to deal with the matter in totality. The Driver received a fine of […]

Vehicle restored free of charge following discovery of 5kg of cocaine - November 2024

This European company, represented by Millicent Dooher, had a vehicle seized following 5kg of cocaine being found in the vehicle. Following representations by Millicent, Border Force agreed to restore the vehicle free of charge to the Company.

Civil Penalty Appeal Success with Full Costs Awarded to Client - November 2024

Millicent Dooher, barrister, represented this European haulier before the County Court who was appealing a civil penalty. The penalties were initially set at £60,000 for the Company. These were reduced by 75% on a means basis and a further 50% following full compliance, that was found at the appeal hearing. […]

Driver has HGV Entitlement Restored After Being Disqualified Indefinitely at Driver Conduct Hearing - November 2024

This driver had driven without a card, driven a truck that was not on an operator’s licence, lied to the DVSA and failed to turn up to the Driver Conduct Hearing at which the Traffic Commissioner was keen to discuss the aforementioned sins. As a result the presiding Traffic Commissioner […]

Scaffolder Granted Licence at Traffic Commissioner’s Public Inquiry After Operating Truck Without a Licence - November 2024

This scaffolder allowed his licence to lapse and had to apply for a new one. Whilst waiting for the new licence he was found to have used his truck over 100 times through use of the ANPR system. The subsequent Public Inquiry did not end happily! He reapplied for a […]

Driver with No Driver Card Offences Escapes with Conditional Discharge - November 2024

Millicent Dooher, barrister, represented this driver before the Magistrates’ following 12 charges of failing, without reasonable excuse, to make a relevant tachograph entry. This offence can carry up to 2 years custody in the Crown Court. Prior to the hearing, Millicent was able to convince the prosecution to drop 5 […]

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