Challenging Penalties Archives | Smith Bowyer Clarke

Expert team of Barristers and Solicitors with years of experience in providing advice and representation in Road Transport Law.

Archive: Challenging Penalties

Penalties for Clandestines Reduced by £9,000

Laura Newton assisted a HGV Operator and Driver facing Penalties imposed by Border Force in the sum of £12,000. Following submission of evidence and a formal Notice of Objection, the Penalties were reduced by over £9000 reflecting the financial position and the history for this operator. Payment terms were set […]

Challenging Penalties Comments Off on Penalties for Clandestines Reduced by £9,000
Smith Bowyer Clarke acting for Transport in Nood BV granted Permission for Judicial Review of LEZ/ULEZ Penalties issued to Dutch Hauliers.

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 […]

Challenging Penalties Comments Off on Smith Bowyer Clarke acting for Transport in Nood BV granted Permission for Judicial Review of LEZ/ULEZ Penalties issued to Dutch Hauliers.
£48,000.00 of Civil Penalties for Clandestine Entrants Cancelled in their Entirety

This Company was faced with a liability of £48,000.00 following the discovery of 4 clandestine entrants in one of their vehicles. The Company penalty was £24,000.00 and the Driver penalty was £24,000.00. The Company is always jointly and severally liable for the driver’s penalty. Millicent Dooher made representations by way […]

Challenging Penalties Comments Off on £48,000.00 of Civil Penalties for Clandestine Entrants Cancelled in their Entirety
£21,000 of ULEZ PCNs Cancelled in Full

Laura Newton represented a European resident who has received a number of Ultra Low Emission Zone (“ULEZ”) PCNs totalling over £21,000. The client was unaware of the PCNs until enforcement action had commenced by Euro Parking Collection PLC (“EPC”). In this case, the client’s vehicle was compliant but not registered […]

Challenging Penalties Comments Off on £21,000 of ULEZ PCNs Cancelled in Full
Over £8,000 of TFL ULEZ and Congestion charge Penalties Cancelled.

Millicent Dooher represented this company following a number of PCNs for ULEZ/Congestion Charge. The Company were unaware of the PCNs until enforcement action had commenced. Millicent took the company through the civil court proceedings and representation stages, resulting in 33 PCNs being cancelled, totalling over £8,000.00.

Challenging Penalties Comments Off on Over £8,000 of TFL ULEZ and Congestion charge Penalties Cancelled.
£30,000 of TFL Direct Vision Standards Penalties Cancelled

This company had accrued more than £30,000.00 worth of DVS penalties from TfL. The company had not received any of the original notices due to a change of address that had not been updated with the DVLA. Each of the penalties being at an enforcement stage. Millicent Dooher represented the […]

Challenging Penalties Comments Off on £30,000 of TFL Direct Vision Standards Penalties Cancelled
Clandestine Entrant Penalty for Driver Reduced by 91.3%.

This driver received a penalty from Border Force following the discovery of 5 clandestine entrants in his vehicle. The Driver did not object to the imposition of the penalty but could not afford to pay the penalty at the level it was set. Following written representations on the level of […]

Challenging Penalties Comments Off on Clandestine Entrant Penalty for Driver Reduced by 91.3%.
Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State

A truck belonging to our client, a major European haulier, was found to contain a large number of clandestine entrants (‘illegals’) in the sealed trailer. Later another of their trucks suffered a similar incursion. As always, Border Force imposed substantial Civil Penalties against our client and their drivers, claiming that […]

Challenging Penalties Comments Off on Clandestine Entrant Civil Penalty Success – Penalties Withdrawn with Costs Against the Secretary of State
£12,000 of Civil Penalties cancelled

This European Haulier instructed SBC following penalties being imposed after the discovery of a number of clandestine entrants within one of their vehicles. These penalties were appealed at the County Court by barrister Millicent Dooher, where the Judge cancelled the penalties in full and awarded full costs to the Appellants.

Challenging Penalties Comments Off on £12,000 of Civil Penalties cancelled
Civil Penalties Reduced by £9000 and Costs Awarded in Full

Millicent Dooher, barrister, represented this European Haulier at the Civil Penalty Appeal hearing before the Circuit bench. Having had 9 clandestine entrants found within the vehicle by Border Force, penalties totalling almost £20,000 were levied against the Company and Driver. Both Company and Driver appealed on the level of these […]

Challenging Penalties Comments Off on Civil Penalties Reduced by £9000 and Costs Awarded in Full

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