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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14 Vehicle PSV Operator Receives 1 Vehicle Curtailment Following Propose to Revoke - January 2025

Millicent Dooher, barrister, represented this PSV operator at their Public Inquiry before the Office of the Traffic Commissioner for Scotland. The operator had been called in following a propose to revoke letter, an unsatisfactory DVSA assessment that raised wide ranging issues over both maintenance and driver’s hours concerns as well […]

Civil Penalties for Immigrants reduced by £90,000 - January 2025

In this appeal civil penalties for clandestine entrants had been imposed against this Hungarian haulier and their driver, in the sum of £108,000. Simon  Clarke acted for the Appellants; he told Border Force in correspondence that they had paid no proper regard to the Level of Penalty Code of Practice. […]

Haulier keeps a 4 vehicle O licence and Transport Manager keeps his Good Repute at Public Inquiry following DVSA inspection that identified serious shortcomings - January 2025

When the ministry calls they look into every aspect of the systems operatre to ensure vehicles and trailers are operatred safely and that the Operators have sufficient continuous knowledge of their operation so that they can make effective management decisions. We helped the operator to explain what had happened and […]

New Application for an Operating Centre prompts an Investigation which Reveals Self Employed Drivers - January 2025

When DVSA discovered irregularities with operating centres and drivers hours following an application for an O licence, a Public inquiry followed. A prompt recognition of the problems faced, involvement of a well respected Transport Consultant helped to protect the business and to provide some space to regularise their compliance and […]

Lost wheel on a light Trailer towed behind a van brings HGV operator before the Traffic Commissioner - January 2025

The loss of any wheel of any vehicle will almost always come to the attention of the Traffic Commissioner. This operator experiences a wheel loss on a light goods vehicle trailer that was not inscope of the operators licence. This brought the spotlight on the opertors licence and Public Inquiry […]

6 clandestine entrants led to Lithuanian operator and driver facing a £96,000 penalty. Reduced to £23,484 - January 2025

£96,000 penalty reduced to £23,484 after appeal litigated by solicitor, Murray Oliver.

First and Last chance for Skip Operator at Traffic Commissioner’s Public Inquiry - January 2025

This operator, represented by Senior Solicitor Murray Oliver, was called in owing to historic allegations relating to maintenance, prohibitions and misuse of operating centres were dealt with by the Traffic Commissioner at a Public inquiry. The Operator was able to prove with an up to date audit that he could […]

Successful Civil Penalty Appeal hearing and Border Force’s evidence struck out - January 2025

Millicent Dooher was instructed by this European haulage company to represent them in their appeal matter following the discovery of 2 clandestine entrants in one of their Company vehicles. The penalties were set at £20,000 for the Company and £12,000 for the Driver. The Respondent did not serve their evidence […]

UK Haulage Company with Clandestine Entrant Civil Penalties Reduced by £30,000.00 and Full Costs Awarded by the Court - January 2025

Millicent Dooher represented this UK based haulier following the imposition of civil penalties following the discovery of 3 clandestine entrants in one of the Company vehicles. The penalties were set at £18,000 for both the Company and £18,000 for the Driver, with a total liability of £36,000. The appeal was […]

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