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 Dealt With by Fine of Only £250.00 For Two Offences Involving Photocopied Operator Licence Discs - September 2023

This operator, represented by barrister, Millicent Dooher, was facing prosecution for 2 offences of making and possessing a document closely resembling an Operator’s Licence disc, namely a photocopy of the authorised discs. This matter is an either way offence: if dealt with at the Crown Court, it carries up to […]

Operator Licence Granted With Warning At Traffic Commissioner’s Public Inquiry Despite False Declarations Being Made On Application. - September 2023

Millicent Dooher, barrister, represented this Operator before the Traffic Commissioner on an application for the Operator’s licence. The Operator had been called in following the omission of his criminal conviction and information on previous licences on the application. The Traffic Commissioner was concerned that he could not trust this operator […]

Operator with Financial Standing Problems and Unsatisfactory DVSA Visit Keeps Licence at Traffic Commissioner’s Public Inquiry - September 2023

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, had been visited by the DVSA who provided an unsatisfactory report. He was also found to be severely deficient in his financial standing. He was able to address his financial standing by reducing his margin and selling […]

Reformed Drug Driver will be allowed to apply for an HGV licence next year - September 2023

This driver was represented by Senior Solicitor, Murray Oliver had been convicted for Drug driving. Their application for an HGV licence was referred to the Traffic Commissioner who took into account evidence that suggested that drug taking had ceased. The Traffic Commissioner refuse the licence application on this occasion but […]

£21,000 of ULEZ PCNs Cancelled in Full - September 2023

Laura Newton represented a European resident who has received a number of Ultra Low Emission Zone (“ULEZ”) PCNs totalling over £21,000. The client was unaware of the PCNs until enforcement action had commenced by Euro Parking Collection PLC (“EPC”). In this case, the client’s vehicle was compliant but not registered […]

1 Vehicle Operator Escapes With 7 Day Suspension Following Poor Historical Vehicle Maintenance at Traffic Commissioner’s Public Inquiry - September 2023

Millicent Dooher represented this Operator, called before the Office of the Traffic Commissioner for a second Public Inquiry, following an unsatisfactory DVSA maintenance investigation. There were additional allegations of use of an unauthorised operating centre. At the Public Inquiry, the Traffic Commissioner accepted that there was no use of an […]

Driver Escapes with an £820 Fine for an 80% Overload - September 2023

Millicent Dooher, barrister, represented this driver at his sentencing hearing before the Magistrates’ Court following a guilty plea to an overloading offence. The vehicle was a 3.5 tonne vehicle, overloaded by 80%. The fines for these offences are unlimited. Millicent was able to convince the Magistrates to deal with this […]

Formal Warning for Operator and No Action Against Transport Manager at Traffic Commissioner’s Public Inquiry Following Unsatisfactory Independent Audit. - September 2023

Barrister, Millicent Dooher represented this Operator/Transport Manager at the Public Inquiry before the Traffic Commissioner. The Operator had been called in following a previous Senior Team Leader meeting and unsatisfactory independent audit. The Transport Manager having been called in on his repute. The Traffic Commissioner heard from the Operator/Transport Manager […]

Transport Manager who was Mislead by an applicant for an Operators Licence Avoids being Nominated on the Licence after a Public Inquiry - August 2023

Senior Solicitor, Murray Oliver represented a Transport Manager called to Public Inquiry in connection with an application for an O licence. At the hearing the applicant for the Operator’s licence had connections with another business that had its licence revoked for serious non compliance at the same hearing – August […]

Operator is Successful in his Application for a New Standard National PSV O Licence after their First Restricted PSV O Licence was Revoked. - August 2023

Murray Oliver, Solicitor represented the applicant and proposed transport manager after the application for a new standard national O licence was referred to a Public Inquiry. The Operator was able to show the Traffic Commissioner that he had learnt from past mistakes and that his new operator’s licence would also […]

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