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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Public Inquiry Avoided by Prompt Response to DVSA Visit - June 2024

A DVSA visit should always be a call  to action for an operator. We received a call as soon as the Operator knew that DVSA were planning to visit. We were able to advise of the preparatory steps for such a visit, introduce the Operator to a Transport Consultant who […]

Operator Granted Licence Despite History of Failed Companies at Traffic Commissioner’s Public Inquiry - June 2024

The long tail of Covid for businesses is still causing concern for Traffic Commissioner who will call a an applicant for an Operator Licence to public Inquiry if an operator has a history of failed companies. When Directors appoint insolvency practitioners it is important to remember that the onus is […]

Notice of Objection Representations Reduces Company and Driver Fine For Clandestine Entrants From £12,000 To £1,585. - June 2024

Millicent Dooher lodged a notice of objection for both this Company and their Driver following the discovery of 1 clandestine entrant in a company vehicle. Border Force had imposed a penalty of £12,000 in total for this single entrant. Millicent was able to submit representations and the penalty was reduced […]

Operator Escapes with 28 Day Curtailment After Long History Of Non-Compliance at Traffic Commissioner’s Public Inquiry - June 2024

Barrister, Millicent Dooher, represented this Operator before the Traffic Commissioner following a propose to revoke letter. The Traffic Commissioner was concerned with the knowledge of the Operator and Transport Manager, the maintenance, with a number of PMIs exceeding their intervals, and drivers hours. The Operator had put in place a […]

Civil Penalties for both Company and Driver reduced from £16,000 to £2,638 - June 2024

Millicent Dooher, barrister, submitted a Notice of Objection on behalf of this Company and Driver. Border Force accepted the representations and reduced the Company’s penalty by 75% and the Driver’s penalty from £6,000 to £138.

Civil Penalties For Clandestine Entrants Reduced by Almost £68,000.00 - June 2024

This Company and Driver were facing penalties of £80,000.00 following the discovery of 5 clandestine entrants in the vehicle. Millicent Dooher made representations to Border Force through a Notice of Objection. These were accepted and the penalties were reduced from £80,000 down to just £12,585.

Operator Keeps Licence At Traffic Commissioner’s Public Inquiry Despite Multiple Failings - June 2024

This PSV Operator, represented at Public Inquiry by Barrister Harry Bowyer, had maintenance failures and drivers hours failures including failure to record properly when driving was regulated by EU regulations as opposed to Domestic. The Operator took drastic measures including sacking and replacing their transport manager and one of the […]

MOT Authority Initially Removed for 5 Years – Reduced to 28 Days after SBC Submissions - June 2024

Laura Newton represented an MOT garage, it’s Authorised Examiner and Tester, in relation to a DVSA investigation. It was alleged, and ultimately accepted, that the responsible person at the garage had demonstrated unacceptable behaviour towards an investigation examiner during a site visit. Initially, it was found that the behaviour was […]

Scaffolder Kept on the Road Following Traffic Commissioner’s Public Inquiry - June 2024

Murray Oliver  kept a 3 vehicle scaffolding operator on the road after a Public Inquiry. The Operator was called following an unsatisfactory desk based assessment and Maintenance investigation. By the time of the Public Inquiry the operator had made some effort to put things in order before the public inquiry […]

300% reduction in Financial Penalty for Clandestine Entrants - June 2024

The Operator faced a £96000 bill after Border Force found 6 Illegal Immigrants in on of its vehicles before it border the Ferry to England. Murray Oliver challenged this with a Notice of Objection and reduced the penalty to £24,000. Operators have 28 days from the issue of a Notice […]

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