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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Existing Operating Centre Hedged with New Conditions and Undertakings as a Result of Representors’ Representations - September 2021

In this case, in a change from the normal position, SBC were instructed by the Representors who were troubled by a national firm who were operating noisily at all hours of the day and night. The representors, or more properly in the case of an existing operating centre “complainers”, made […]

Operating Centre Application Granted Despite Strong Environmental Objections - September 2021

Our client, a major importer and Multiple Licence Holder wanted a second Operating Centre added to one of his licenses so as to shorten unladed journeys and reduce driving time to and from his regular loading site. Thirty-six separate representations and objections were received by the CLO from local residents, […]

£350,000 of UK Road & Bridge Toll Penalties Cancelled for European Client - August 2021

A hiccup with our client’s banking arrangements meant that his standing order to the relevant government agency stopped paying – this meant that he stopped paying bridge tolls. Despite the hiccup not being the fault of our client, he ended-up with several thousand Penalty Notices amounting to over £350,000, with […]

Another Driver Avoids Revocation After Bridge Strike.  - August 2021

Barrister. Helen Newbold, represented this driver at his driver conduct hearing following a bridge strike during which his vehicle became wedged. The Traffic Commissioners’ starting point for such an incident is a revocation of their professional licence and a 6 month disqualification. Conjoined with a hearing for the operator Helen […]

Driver Avoids Disqualification After Bridge strike - August 2021

Helen Newbold, Barrister, represented this driver who was called in front of the Traffic Commissioner following a bridge strike on a Network Rail bridge. The Traffic Commissioners’ starting point for such an incident is a revocation of their professional licence and a 6 month disqualification. Taking the driver through the […]

TfL Private Hire Licence Retained by Driver Following Fraud Allegation and Customer Complaints. - August 2021

Written representations were made by Millicent Dooher, barrister, to Transport for London following allegations of fraudulent usage of a ‘driver’ app by this Private Hire Driver, along with a number of customer complaints. Through the representations, Millicent was able to convince TfL not to take any further action on the […]

Transport Manager with Foreign CPC Retains Professional Competency at Traffic Commissioner’s Public Inquiry - August 2021

This Transport Manager, represented by Millicent Dooher, was called to Public Inquiry before the Traffic Commissioner following concerns over his professional competence and repute. These concerns were raised where the Transport Manager CPC was completed abroad despite the residency being in the UK and his failure to inform the Traffic […]

Coach Company Keeps Licence, Despite Regulatory Failings, After Traffic Commissioner’s Public Inquiry - August 2021

This Operator, represented at Public Inquiry by barrister Harry Bowyer, were called into Public Inquiry as a result of a coach being used to carry football fans to a match without complying with the regulations. The same coach was discovered to have a tyre worn down to the canvas. The […]

Preliminary Hearing over in 30 Minutes as Traffic Commissioner’s Concerns Allayed by Documents Submitted Beforehand. - August 2021

This Operator, represented at preliminary hearing by barrister Harry Bowyer, was called into a preliminary hearing as one of his drivers tested positive for cocaine at a roadside stop. The operator had suspended the driver as soon as he knew the nature of the stop and commissioned an audit from […]

“Phoenix” Concerns Dealt with in Less than 30 Minutes at Traffic Commissioner’s Public Inquiry - July 2021

The operator in this matter, represented at Public inquiry by barrister Harry Bowyer, was applying for a licence. The business looked very much like a previous business that had gone into liquidation. We were able to show that the assets of the old business had been sold as a pre […]

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