Road haulage lawyers and London low emission zone fine? In cases where a court hearing is necessary, we can prepare your case and go to court to fight for the return of your vehicle. Legal representation is strongly advised as, if unsuccessful, you may be liable for substantial costs. Reclaiming Seized Loads: Quite often, owners of cargos carried will have had no involvement in the transport arrangements; these details are often handled by a freight forwarder or haulier. If the vehicle carrying the load is seized, it is often possible for our team to quickly arrange the release, collection and onward delivery of the load. Once a vehicle is seized, we must act quickly: there are strictly enforced time limits which, if missed, can result in the permanent loss of the vehicle.
If you cannot show that you have an effective system in place and that it was being properly operated on the day, as the haulier you can ultimately be liable to pay up to £4,000 per migrant. If you fail to pay your penalty you can expect your vehicle to be seized and sold or even destroyed by the UK Border Force. You have the right to appeal against both the imposition of your Civil Penalty, and its amount. The appeal process consists of two routes: A Notice of Objection to the Border Force. This entails the submission of written representations and supporting evidence to the Border Force. Using this route, our transport lawyers have a high success rate in dramatically reducing the amount of penalty payable, without the need to go to court. This is often the most cost-effective route.
Welcome to Smith Bowyer Clarke. We provide, simple, straightforward, and practical legal solutions to all your transport problems. The road transport industry is one of the most heavily regulated in Europe, and can often appear confusing. That’s why you need a law firm that knows the industry inside out. Many of our lawyers are CPC accredited Transport Managers, and have an insight into the practicalities of running a compliant road transport business. Smith Bowyer Clarke are firmly on the side of the Operator and Driver – We do not prosecute for the CPS or the DVSA. See more information at traffic commissioner public inquiry.
The DVSA don’t waste much of their time visiting compliant operators so it is almost certainly to do with something that you, or your employees/agents, have done or have failed to do. The triggers are legion, but common ones are where your vehicles are stopped and mechanical defects are found; or the vehicle is overloaded; or there are drivers’ hours infringements discovered…. and so on. Alternatively it could be that the visit has been requested by the Traffic Commissioner as a result of a requested variation you have submitted. It might even be that your MOT failure rate is higher than the national average, which always sets alarm bells ringing.
Using a Driver’s card belonging to another: By driving using another person’s tachograph card, a driver is creating a false record. The DVSA / VOSA will want to investigate why the other card was used, and how it was obtained. This offence can carry up to two years in prison. The authorities will want to know whether the Operator was aware that a driver was using another’s card. Operators who fail to notice this happening, or are complicit in it, can expect to be either prosecuted or called to Public Inquiry by the Traffic Commissioner. See additional info at Road Transport Lawyer.