Please find some of our recent cases below.
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Driver Who Failed Intoximeter at Work Dealt with by way of Formal Warning at Driver Conduct Hearing - March 2024
This driver, represented at their driver conduct hearing by barrister Harry Bowyer, blew 25 microgrammes in breath at a randon breath test at work. The operator reported them to the Traffic Commissioner. As the drink had been taken the day before and the driver had miscalculated the time before the […]
A PSV Operator Who had Suffered a Wheel Loss Incident Keeps Licence at Public Inquiry - March 2024
This Operator, represented by Senior Solicitor, Murray Oliver, was called to Public Inquiry following a wheel loss incident. Losing a wheel is one of the 7 Most serious infringements which may result in the automatic revocation of an O licence. The operator’s immediate changes to its systems for recording wheel […]
Court of Appeal Grants Permission to Appeal – Civil Penalties Guidance - March 2024
In the Court of Appeal decision in Link Spolka Z O.O. & Ors. v SSHD [2021] EWCA Civ. 1830 Simon Clarke leading Millicent Dooher succeeded in six appeals against County Court decisions to refuse appeals against Border Force civil penalties for clandestine entrants. In that case the Court of Appeal […]
Clandestine Entrant Penalty Cancelled in Full Prior to Hearing - February 2024
This Company had received a civil penalty of £5,000 following the discovery of 1 clandestine entrant in their vehicle. Millicent Dooher submitted the representations on behalf of the Company, setting out how they had complied with all regulations, despite not being a member of the accreditation scheme and having previous […]
Civil Penalty Appeal: Penalty Reduced by 50% Before the Appeal Hearing Took Place! - February 2024
Millicent Dooher was instructed to represent this European haulier in an appeal against civil penalties imposed following the discovery of clandestine entrants. The Company had a penalty of £24,000 imposed. Following the submission of the evidence, the Respondent provided an offer to the Company, reducing the penalty by 50% and […]
2- Week Curtailment of 2 Vehicles for Operator Following Poor Maintenance History, No Transport Manager and Concerns over “Licence lending” - February 2024
This Operator, represented by Millicent Dooher, had been called before the Traffic Commissioner following an extensive period with no Transport Manager, concerns over licence lending, self-employed drivers and a poor maintenance history. Ultimately, the Traffic Commissioner dealt with the Operator by a temporary curtailment of 2 vehicles (the margin + […]
Driver with convictions and concerns over licence lending receives a 7 day suspension only - February 2024
Millicent Dooher represented this driver at a driver conduct hearing following concerns convictions for failing to take weekly rest and concerns that there was licence lending. Following representations from Millicent, the Traffic Commissioner accepted that he could not find licence lending. For the convictions alone, the Driver received a 7 […]
Smith Bowyer Clarke acting for Transport in Nood BV granted Permission for Judicial Review of LEZ/ULEZ Penalties issued to Dutch Hauliers. - February 2024
Simon Clarke, acting for our client Transport in Nood BV, has secured Permission from the High Court to bring a Judicial Review against Transport for London, with EPC PLC as an Interested Party. The case challenges the legality of the issuing of Penalty Charge Notices denominated in €euros rather than […]
Operator Survives Preliminary Hearing with Formal Warning - February 2024
This Operator, represented at preliminary hearing by barrister Harry Bowyer, was brought to the attention of the Office of the Traffic Commissioner by an “S” marked prohibition followed by two unsatisfactory visits by the DVSA. The operator contacted a reputable transport consultant and fixed his systems root and branch which […]
No Further Action on Private Hire Driver’s Licence Following a Mobile Telephone Offence - February 2024
Millicent Dooher represented this taxi driver/operator following the imposition of 6 penalty points for a mobile telephone offence. The Driver/Operator had been called before the committee hearing to consider his licence. Following representations from Millicent, the committee chose to take no further action on this private hire driver’s licence. This […]
