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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Change of Entity – New Licence in New Entity’s Name Granted - October 2022

This PSV operator, represented by Barrister Harry Bowyer incorporated a Limited Company without considering the effect on their operator’s licence. The error was spotted by the OTC on renewal and the operator had to make an application for a new licence in the name of the limited company in time […]

No Action Taken by TfL on Private Hire Licence for Video Watching Driver - October 2022

Millicent Dooher made representations for this private hire driver following an allegation that the driver was watching videos on his mobile telephone whilst driving. Transport for London were looking to revoke the driver’s private hire driver’s licence, however following the representations, Transport for London were persuaded to take no further […]

Vehicle Carrying 11kg of class A Drugs Returned to Owner Without charge - October 2022

This vehicle was seized by Border Force officers following the discovery of 11 kgs of Cocaine within the cargo. Representations were made by Millicent Dooher for the restoration of the vehicle to the owner. Border Force were persuaded that the owner had done what was required of him in ensuring […]

Company with 33% Overload Escapes £40,000 Fine - October 2022

Millicent Dooher, barrister, represented this company and driver before the Magistrates’ Court following an overloading offence in a van. The van was 33% overloaded. The fine in this instance could have been in excess of £40,000.00. The Court imposed a fine of less than £2,000.00 for the company and under […]

Transport Manager Retains Good Repute by Skin of Teeth at Traffic Commissioner’s Public Inquiry - October 2022

The transport manager in this matter, represented at Public Inquiry by Barrister, Harry Bowyer, was somewhat “old school” and had agreed to be the transport manager on a friend’s licence. There was no formal contract and no regular payment. The “friend” decided that he would like to take over as […]

DVSA Discontinue Prosecution Against PSV Driver - October 2022

A driver avoided Court after DVSA was persuaded to discontinue a prosecution. Our client had been prosecuted for a number of alleged offences, including using a PSV without a Licence, without a CPC and without a Tachograph. The driver had been using an empty minibus to carry items around a […]

Civil Penalty Success - September 2022

Our Lithuanian Operator’s vehicle arrived at Dunkirk to find 12 clandestine entrants hidden in the legitimate load. Border Force took a view that our client did not have an effective system of prevention and opposed civil penalties of £19,200 upon our client. The appeal court disagreed, and Simon Clarke of […]

Operator Increases Authorisation by 6 Vehicles At Traffic Commissioner’s Public Inquiry - September 2022

This operator, represented by barrister Harry Bowyer at Public Inquiry, was called in as a result of an unsatisfactory DVSA visit. He took steps immediately and contacted SBC who put him in touch with a competent transport consultant who ironed out the compliance issues. As they took action immediately they […]

Scaffolding Operator with Unsatisfactory DVSA Assessment Score Receives 5 day Curtailment by 1 Vehicle - September 2022

This Operator, represented by Millicent Dooher, was called before the Traffic Commissioner following an unsatisfactory desk based assessment by the DVSA. Issues included insufficient maintenance records, and distinct lack of laden roller brake test as well as ineffective use of the tachograph downloading systems. This Operator had started to put […]

Driver Uploading to TikTok Whilst Driving an HGV Avoids Disqualification at Driver Conduct Hearing - September 2022

This Driver, represented by Harry Bowyer, barrister, had been taking videos and uploading them to TikTok whilst driving an HGV. They were reported to their employer by a member of the public, dismissed by that employer and reported to the Office of the Traffic Commissioner. The Traffic Commissioner. whilst appalled […]

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