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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Formal Warning for Authorised MOT Tester and Examiner - March 2023

Our clients were an Authorised Examiner and Tester under the DVSA  MOT scheme. During an investigation by DVSA, it transpired that the Tester had issued test certificates to a number of vehicles which were not present at the VTS during the time the test was logged on. We were instructed […]

Partnership with Wrong Entity Problems and Maintenance Shortcomings Obtains New Licence after Traffic Commissioner’s Public Inquiry - March 2023

Laura Newton was instructed to represent a Partnership at Public inquiry, called to the Traffic Commissioner in respect of maintenance shortcomings. During preparation, it was also identified that the application was held by the wrong entity, and we were able to make a new application to be considered urgently at […]

Driver with 33 False Records Escapes Immediate Imprisonment at Crown Court - March 2023

This driver, represented at the Crown Court by barrister Harry Bowyer, managed to acquire two driver cards which he used to extend his driver’s hours in order to try to save his failing business. He pleaded guilty at the earliest opportunity and had taken particular care not to corrupt his […]

Over £8,000 of TFL ULEZ and Congestion charge Penalties Cancelled. - March 2023

Millicent Dooher represented this company following a number of PCNs for ULEZ/Congestion Charge. The Company were unaware of the PCNs until enforcement action had commenced. Millicent took the company through the civil court proceedings and representation stages, resulting in 33 PCNs being cancelled, totalling over £8,000.00.

TFL Withdraw Revocation for Private Hire Driver - March 2023

Our Transport Solicitor Laura Newton was instructed to represent a Private Hire Driver whose Licence had been revoked by TfL due to historical complaints. In submitting an appeal immediately, we ensured that the driver could continue working pending appeal. We were able to persuade TfL to review the case in […]

Operator Keeps Licence Despite Losing Good Repute as Transport Manager at Traffic Commissioner’s Public Inquiry - March 2023

The operator in this matter, represented at Public Inquiry by barrister Harry Bowyer, was advanced in years and set in his ways. He had an in-house mechanic who had an interestingly cavalier attitude to compliance and paperwork. Our transport consultant was horrified when he came in for a compliance visit […]

Applicant Starts Operating Truck Before Licence Granted – Licence Granted as Applied for At Traffic Commissioner’s Public Inquiry - February 2023

The Applicant in this matter, represented at the Traffic Commissioner’s Public Inquiry by barrister Harry Bowyer, was spotted on ANPR cameras on some 30 occasions operating his truck for which he had neither operator’s licence nor interim granted. He seems to have genuinely failed to appreciate how serious the matter […]

Prosecution Drop Case Involving Driver Not Recording Positioning Journeys. - February 2023

The driver in this matter, represented at the Magistrates’ Court by barrister Harry Bowyer. The driver had been taking journeys by car to meet his truck and had failed to record the car journeys as “other work.” At the first appearance the defendant pleaded Not Guilty and a trial date […]

HGV driver with 6 false record offences gets fine of £100 per offence. - February 2023

This HGV driver had been found to have driven without a card, creating a false record. Millicent Dooher represented him before the Magistrates on this matter. Usually, 6 or more offences are sent to the Crown Court, where the Court can look at imposing a custodial sentence. Millicent persuaded the […]

Formal Warning at Traffic Commissioner’s Preliminary Hearing following Bridge Strike - February 2023

Millicent Dooher represented this operator at a preliminary hearing before the Traffic Commissioner. The Operator had been called in following a bridge strike. Any bridge strike is viewed as serious and avoidable by the Traffic Commissioners. All drivers should be equipped with the knowledge and instructions to prevent any bridge […]

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