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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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 […]

Operator Retains Licence with Curtailment of Margin and Undertaking to Move to Standard National Licence. - November 2024

Millicent Dooher, barrister, represented this operator before the Traffic Commissioner at their Public Inquiry following a sustained period of unsatisfactory maintenance and drivers’ hours compliance. The operator had taken advice from an early stage and was able to present a picture of where they would be moving forwards. The Traffic […]

Not Guilty Verdict for Money Laundering – All Cash Returned Along with the Monies Paid for the Release of the Vehicle. - November 2024

This haulier was facing charges of money laundering following a significant amount of cash being found in the possession of the Driver and in the vehicle by Border Force. The client was found not guilty of money laundering. The money seized was returned to the driver and haulier. The money […]

Out of Time Appeal Against Civil Penalties results in Reduction by Over 75% in Pre-Court Settlement - November 2024

Millicent Dooher, barrister, represented this European haulier in relation to their clandestine entrant penalties. The haulier had not received any notification of the penalties and had their vehicle seized by Border Force. The vehicle was released and an appeal lodged. In the pre court discussions, Millicent was able to obtain […]

Clandestine Entrant Civil Penalty 50% Reduction and Contribution to Costs -

This European haulier, represented by Millicent Dooher, faced significant civil penalties. In pre court discussions, Millicent was able to obtain a 50% reduction to the penalties and obtain a contribution to the pre-court costs.

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