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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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.

Transport Manager Escapes with Repute Intact Despite Serious Failings in Maintenance and “S” Marked Prohibition at Traffic Commissioner’s Public Inquiry - October 2024

Laura Newton represented a Transport Manager at Public Inquiry relating to an international haulier. The company operated vehicles in the UK across multiple traffic areas with two Transport Managers nominated on the licences. The Inquiry was called because of serious failings in maintenance, as evidence from S Marked Prohibitions and […]

Representations on behalf of Driver Lead to No Action Being Taken on Vocational Licence - October 2024

This driver was not confident in his English and asked SBC to help him respond to a letter from the Office of the Traffic Commissioner. He turned out to have good mitigating circumstances and the Traffic Commissioner having considered all of the circumstances took no further action on the driver’s […]

Operator with “S” Marked Prohibition Spared Traffic Commissioner’s Public Inquiry at Preliminary Hearing - October 2024

This operator, represented at the preliminary hearing by barrister, Harry Bowyer, had his driver stop owing to a rattling noise. The cause was 6 loose wheel nuts which had nearly led to a wheel loss. Unfortunately the DVSA passed by (or didn’t) and slapped an “S” marked prohibition on the […]

Tractor/Trailer with £millions of drugs seized by Border Force; Recovered for innocent owner by SBC. - October 2024

Our client, a major Netherlands hauler, instructed SBC to seek to recover their tractor unit and trailer from Border Force/HMRC after it was found to have concealed within it a large quantity of Class A drugs.  Simon Clarke was able to demonstrate that the rightful owner could not have possibly […]

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 […]

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 […]

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