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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Northamptonshire Firm Successfully Appeals £30,000 Civil Penalty for Clandestine Entrants - October 2024

Another cracking win for Murray Oliver who successfully appealed a civil penalty for Clandestine Entrants. Have a look at the MotorTransport article! https://motortransport.co.uk/success-for-international-operator-after-stowaway-fines-cancelled/22717.article          

Conditional Discharge for Driver following 12 offences of Failing to Make a Proper Record - September 2024

Millicent Dooher, barrister, represented this HGV driver before the Magistrates’ Court following 12 offences of failing, without proper excuse, to make a record of his journeys. This offence was charged under s.99ZE, and as such is an either way offence, carrying up to 2 years custody for each offence. Millicent […]

Successful Defence: S.172 Charge Withdrawn Against Operator Licence Holder - September 2024

A company facing an S.172 charge for failing to provide driver details successfully avoided trial with the help of barrister Millicent Dooher. Prior to the hearing, Dooher presented evidence to the prosecution, leading to a decision to withdraw the charge. This outcome saved the company both time and costs. While […]

Operator Given £176,000 penalty following discovery of 11 Clandestine Entrants who Managed to Travel Inside an HGV to a Motorway Services on the M4 has penalty reduced - September 2024

£176,000 reduced to £27,500 and operator awarded costs at Nottingham County Court after appeal litigated by solicitor Murray Oliver

A Thorough Review of a Scaffolder’s Paperwork Confirms That he Remains on the Route to Compliance - September 2024

This scaffolder approached Senior Solicitor Murray Oliver to review his paperwork to check that he was still compliant. Murray was able to suggest improvements and confirm that he remained on the route to compliance LF1732

Operator Realised that the Registrations for the Bus Services they were Operating Had Not Been Renewed – Position Regularised after Contact with SBC - September 2024

When PSV operators run regular services they must be registered with EITHER WITH THE Traffic Commissioner or in certain larger conurbations with the Local Transport Authority such as Travel for West Midlands or TfL. This operator contacted Murray Oliver as following a change in company structure the route previously registered […]

Clandestine Entrant Penalties Reduced by 88% – Down from £24,000 to £3,000! - September 2024

This European operator, represented by barrister Simon Clarke in the County Court, won a reduction of his civil penalties from £24,000.00 to just over £3,000.00. Border Force refused to review the financial means assessment by quoting the 28-day time limit in Section 6 of the Carriers’ Liability Regulations 2002. The […]

Operator Keeps Licence Despite “Self Employed” Drivers at Traffic Commissioner’s Preliminary Hearing - September 2024

This HGV operator, represented at Public Inquiry by solicitor Murray Oliver, had continued to use drivers working for through own Limited Companies despite a strong warning that the practice must cease from a Traffic Commissioner in 2019. HMRC and the Traffic Commissioners are making a joint effort to flush out […]

Operator Granted New Licence at Traffic Commissioner’s Public Inquiry - September 2024

This operator had his previous licence revoked as he failed to attend a Public Inquiry owing to a mix up with the post. The operator applied for a new licence and appointed a new transport manager (The failings of the previous TM was the essence of the previous Public Inquiry). […]

Operator with Card Pulling Drivers Keeps Licence at Traffic Commissioner’s Public Inquiry - September 2024

This operator, represented at Public Inquiry by Barrister Harry Bowyer, had a restricted licence. A visit from the DVSA revealed that a number of their drivers had been driving without cards. There were concerns that the sole director was living abroad. Action was taken to appoint a director to oversee […]

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