Please find some of our recent cases below.
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More than 50% Reduction in Out of Time Civil Penalty Appeal Case for UK haulier - March 2025
Barrister, Millicent Dooher, represented this UK based haulage company following the imposition of civil penalties totalling £36,000.00 following the discovery of clandestine entrants in one of the Company vehicles. The Company had missed the correspondence and as such were out of time to appeal the matter. Millicent was able to […]
Over £45,000.00 of Clandestine Entrant Civil Penalties Reduced for Company - March 2025
Millicent Dooher represented this Company in their appeal against the level of the civil penalties imposed following the discovery of 7 clandestine entrants. Millicent was able to prepare the appeal on the basis that the Company had complied with the Regulations, as set out in the Carrier’s Liability Regulations 2002 […]
£9,000.00 of Clandestine Entrant Civil Penalties Cancelled for Civil Penalty Accreditation Scheme Member - March 2025
This European haulier faced £9,000.00 in civil penalties following the discovery of 1 clandestine entrant. Millicent Dooher, barrister, made written representations to Border Force. It had already been accepted that the Company were members of the accreditation scheme. This reduces the penalty by 50% automatically. Upon the consideration of the […]
Cancellation of £11,000.00 of Civil Penalties for Clandestine Entrants upon Notice of Objection - March 2025
Barrister, Millicent Dooher, made written representations via a Notice of Objection on behalf of this haulier following the discovery of 1 clandestine entrant in one of the Company vehicles. The penalties stood at £5,000 for the Company and £6,000 for the Driver, totalling £11,000.00. Upon considering the submissions, Border Force […]
£24,000.00 of Civil Penalties Cancelled through Notice of Objection - March 2025
Millicent Dooher made submissions on behalf of this European haulier who faced £24,000.00 of penalties following the discovery of 2 clandestine entrants in one of their Company vehicles. Having considered the submissions, Border Force cancelled the penalties that were being levied against both the Company and Driver in full. If […]
“S” Marked Prohibition Operator Keeps Licence by Skin of their Teeth at Traffic Commissioner’s Public Inquiry - March 2025
An “S” marked Prohibition brought the Traffic Commissioner’s attention to this operator. The subsequent DVSA Maintenance investigation showed that shortcomings remained with the operation, relating to its use of the operating centre, maintenance records and MOT test history. Murray Oliver represented the Operator at Public Inquiry and helped the operator […]
Civil Penalties Cancelled on Appeal - March 2025
In two separate cases Border Force has cancelled civil penalties for clandestine entrants in a single week, only days after having received appeal papers from Smith Bowyer Clarke. In each case SBC issued appeals to the County Court, arguing in the Grounds of Appeal that penalties should not have been […]
MOT Cessation Avoided by Written Representations by SBC - March 2025
Laura Newton represented an Authorised Examiner under the MOT Scheme who was served with a contemplated decision proposing that 500 points would be imposed. This was due to DVSA carrying out an undercover observation on a Tester, who it transpired had falsified brake test results and carried out an inadequate […]
SBC Written Submissions Lead to Operator Licence Application Subject to a “Propose to Refuse” Letter being Granted without a Public Inquiry - March 2025
Our client, an applicant for an Operator’s Licence, represented at Public Inquiry by solicitor Laura Newton, was served with a proposal to refuse the Licence due to issues with a previously linked licence and questions over competence. Laura Newton in a last attempt to resolve matters, prepared a detailed proposal […]
Wrong Entity Operator Granted New Licence at Traffic Commissioner’s Public Inquiry. - February 2025
This operator, represented at Public Inquiry by Barrister Harry Bowyer, changed their entity from a partnership to a limited company in 2013 on the advice of their accountant. They failed to realise the effect on their operator’s licence of the change of entity which meant that they had been operating […]
