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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No Action Taken on Licence at Public Inquiry – Warning Recorded. - April 2024

Laura Newton was instructed to represent a HGV Operator before the Traffic Commissioner at Public Inquiry. The Inquiry included a number of linked Operators and real questions over the Transport Manager and whether she had full and effective control. In preparing the hearing, full compliance was demonstrated within the Operator’s […]

Traffic Commissioner Dispenses with Public Inquiry Hearing after Considering SBC’s Submissions - April 2024

Our client had been called to Public Inquiry due to a number of issues identified in DVSA investigations, including exceeding the authorised number of vehicles being used on the licence and maintenance issues with the regime at that time. Very detailed representations were made along with the presentation of up […]

Penalties for Clandestines Reduced by £9,000 - March 2024

Laura Newton assisted a HGV Operator and Driver facing Penalties imposed by Border Force in the sum of £12,000. Following submission of evidence and a formal Notice of Objection, the Penalties were reduced by over £9000 reflecting the financial position and the history for this operator. Payment terms were set […]

HGV Operator with Missing Mileage and Unauthorised Operating Centre Concerns Dealt with by Short Curtailment and Public Inquiry - March 2024

Our client, a HGV Operator had been called to Public Inquiry along with its Transport Manager due to two unsatisfactory DVSA Reports, and a record of serious failures. The Company had been found to have used an unauthorised operating centre, missing mileage was discovered some of which was attributable to […]

PSV Operator Survives Public Inquiry with a Formal Warning - March 2024

Laura Newton was instructed to represent a PSV Operator facing a third Public Inquiry for issues relating to unsatisfactory maintenance as demonstrated by an audit of the company records. At Public Inquiry before the Traffic Commissioner, we were able to demonstrate that compliance was being met and that the Company […]

Card Pulling Driver Escapes Jail in the Crown Court - March 2024

This driver, represented in the Crown Court by Barrister Harry Bowyer, had been pulling his card to avoid taking his breaks in order to get home early. He had pulled his card some 28 times (More than 6 false records are sufficient to qualify for a trip to the Crown […]

Driver’s civil penalty reduced from £30,000.00 to £820.00 - March 2024

Millicent Dooher submitted representations on behalf of this driver following the imposition of a penalty in the sum of £30,000 after the discovery of 6 clandestine entrants in his vehicle. A Notice of Objection was submitted and the Driver’s penalty was reduced to just £820.00, saving him over £29,000. For […]

£120,000.00 penalty reduced to just £160.00- Clandestine entrant civil penalty - March 2024

This driver, represented by Millicent Dooher, received a penalty of £120,000.00 following the discovery of 20 clandestine entrants in his vehicle. Following the submission of a Notice of Objection, the driver’s penalty was reduced to just £160.00 in total.

Driver Conduct Hearing: Formal Warning from Traffic Commissioner following careless driving prosecution - March 2024

This driver, represented before the Traffic Commissioner by Millicent Dooher, had previously pleaded guilty to an offence of careless driving whilst in an HGV. The driving had resulted in injury to a pedestrian. The Traffic Commissioner considered the circumstances of the offence and the actions the driver had taken to […]

Civil Penalty Appeal: County Court Cancels Company Penalty - March 2024

This Company received a civil penalty of £5,000.00 following the discovery of 1 clandestine entrant in their vehicle. The Company lodged an appeal to the County Court on the basis that: They had complied with the regulations; They accepted they were not part of the accreditation scheme They accepted they […]

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