Please find some of our recent cases below.
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Prosecution Dropped for Operator Charged with Licence Lending with Intent - March 2024
Millicent Dooher, barrister, represented this operator before the Magistrates’ Court following an offence of licence lending with intent. The Operator contended that there was no intent for the lending of the licence, having accepted that another was using his licence at the time. Following discussions, the Prosecution agreed to offer […]
Fines Only for Driver with 9 Tacho Offences, Including Using a Manipulation Device - March 2024
This driver, represented by Millicent Dooher, was prosecuted for 9 tachograph offences, the most serious of which being the use of a manipulation device to allow him to work over his hours without any information being recorded on the tachograph. Following submissions, the Court imposed fines for 4 of the […]
Operator With Extensive History of Poor Compliance Curtailed to Requested Reduction - March 2024
Barrister, Millicent Dooher, represented this operator before the Traffic Commissioner at a Public Inquiry. The Traffic Commissioner had concerns following an extensive history of poor maintenance compliance, an absent Transport Manager and insufficient financial standing. Prior to the hearing, the Operator had indicated that a reduction would be sought, but […]
HGV Driver’s 56 day Disqualification Vacated and 6 Penalty Points Imposed Instead - March 2024
This Driver, represented before the Magistrates by Millicent Dooher, faced sentence for a speeding offence and a careless driving offence. The Driver had requested that the matter be dealt with by penalty points or a hearing convened. The Courts made a decision in his absence to disqualify him for 56 […]
Civil Penalties For Clandestine Entrants – More Penalties Cancelled on Appeal. - March 2024
Our client, a major Belgian hauler, was hit with civil penalties following the discovery of a clandestine entrant in one of their trucks with a liability of up to £20,000 under the new rules. We appealed against those penalties, and, after a contested court hearing the penalty imposed on our […]
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 […]
