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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Traffic Commissioner’s Public Inquiry Concluded in Ten Minutes Flat - June 2021

This operator, represented at Public Inquiry by barrister Harry Bowyer, was called in as a result of an adverse DVSA desk based assessment. The operator sought advice and accepted that his systems needed overhauling immediately after receiving the adverse report and instructed a reputable transport consultant to help him become […]

Bridge Strike – At Traffic Commissioner’s Preliminary Hearing TC Takes No Action - June 2021

Solicitor Laura Newton represented our client before the Traffic Commissioner and helped avoid any action being taken against them. The company, an Operator with Licences in 5 geographical areas authorising the use of over 400 vehicles, had been called to Preliminary Hearing following the driver hitting a bridge whilst driving […]

Remarkable Success for Wholly Non-Compliant Operator - June 2021

Advised and represented at Public Inquiry by Simon Clarke, this Operator was called-in to answer allegations of operating from an unauthorised Operating Centre located in a different Traffic Area from his authorised OC, repeated use of vehicle not on his licence, an almost complete absence of any compliance or maintenance […]

Drivers, Including Director, Driving Without Cards – Licence Allowed to Continue By Traffic Commissioner After Public Inquiry - June 2021

The operator in this case, represented at Public Inquiry by Barrister Harry Bowyer, was running minibuses which largely serviced school runs. These were out of scope for the EU regulations. They also did private hire work which was within scope and there was enormous confusion amongst the drivers, director included, […]

Kent Access Permit Prosecution Dropped - June 2021

Our client was stopped by DVSA driving into Kent without a Kent Access Permit displayed in the vehicle. The vehicle was registered outside the UK. The driver received a summons relating to this incident for a failure to display a Kent Access Permit in a designated area. We were able […]

After 10 False Record Offences Driver Escapes with Formal Warning from the Traffic Commissioner. - June 2021

This driver, represented before the Traffic Commissioner by barrister, Millicent Dooher, was facing, according to the guidelines, at least a 12-month disqualification and revocation of his vocational entitlements for 10 offences of making a false record by removing his tachograph card whilst driving. This driver was also before the Traffic […]

Vehicle Restored to Operator Without Penalty - May 2021

This client’s vehicle had been seized following the discovery of 350,000 cigarettes with an estimated value of approximately £150,000.00. Following written representations made by Millicent Dooher, for the restoration of this vehicle, Border Force have accepted the request for restoration with no fee. Usually for a first detection the fee […]

No Requirement for Public Inquiry Following Successful Preliminary Hearing - May 2021

This Company was represented by barrister, Millicent Dooher, at their preliminary hearing before the Traffic Commissioner. The Company had been called in following a bridge strike and a subsequently inadequate DVSA review. The Traffic Commissioner was content, following submissions that no Public Inquiry was necessary, and no further action needed […]

Successful Appeal of Civil Penalty Reduces Level of Penalty. - May 2021

Barrister, Millicent Dooher, represented this client and three drivers at a civil penalty appeal hearing before the County Court following penalties being imposed of almost £16,000.00. Millicent was able to successfully convince the Court that the level of the penalty was too high, even where the Court had determined that […]

Transport Manager Keeps Good Repute after Traffic Commissioner’s Public Inquiry. - May 2021

This Transport Manager, represented at Public Inquiry by barrister Harry Bowyer, made the usual mistake of remaining on the licence of an uncooperative operator for far longer than he should have done. At Public Inquiry we were able to demonstrate repeated messages from the Transport Manager to the Operator requesting […]

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