If you reach 12 or more penalty points on your driving licence, the Court has to ban you for at least six months, unless you can show that this would cause exceptional hardship to you and/or others. This is usually called a “totting up” disqualification.
Exceptional hardship can be very difficult to prove and supporting evidence is usually needed. You will need to attend Court and give evidence.
Examples of exceptional hardship can include losing your job or business, looking after an elderly or disabled relative, mobility problems, childcare responsibilities, having to give up voluntary work and the like.
Exceptional hardship caused to others, such as family members, employer or employees, may well carry more weight than exceptional hardship to yourself.
Are you at risk of reaching 12 penalty points? Early legal advice can help you prepare an exceptional hardship case and gather the evidence the court may require. Call Richard Silver Solicitors on 0161 834 9494 or complete the firm’s online contact form to discuss your circumstances.
What if I am going to lose my job?
Loss of employment is not in itself sufficient to prove exceptional hardship. Whether or not it does will depend on your individual circumstances and the consequences of that loss of employment on you and/or others. So it may also be necessary to show that if you lose your job you won’t be able to pay your mortgage, rent or other essential outgoings.
It is often necessary to have evidence that alternatives to driving, such as public transport or taxis, are unavailable, impractical or unaffordable.
If you commit offences after becoming aware of the risk of totting up, the Court may take that fact into account too.
Representing yourself in Court can be very difficult. Being represented by an experienced Solicitor, who knows what evidence is needed, how to present it, and can make the necessary legal arguments on your behalf, can make all the difference.
We have considerable experience in exceptional hardship cases and a very high success rate.
How does the court decide whether hardship is exceptional?
The court will look at the full consequences of a driving ban, not just the inconvenience caused by losing your licence.
Magistrates may consider the effect on your employment, finances, family members, employees or anyone who relies on you for care or transport. They may ask whether public transport, taxis, support from relatives or changes to your work could reduce the impact.
Clear supporting evidence is often required. This could include financial records, medical evidence, employment documents, travel information or statements from people who would be affected.
Every case is assessed on its own facts. The hardship must go beyond the difficulties that would normally follow a driving ban.
How can Richard Silver Solicitors help?
Richard Silver Solicitors can assess whether you may have grounds to argue exceptional hardship and advise on the evidence needed to support your case.
We can help prepare witness statements, financial records, medical evidence, employment documents and details of any people who rely on you. We can then present your case to the court and make legal submissions on your behalf.
Early advice gives you more time to prepare a clear and well-supported argument before the hearing.
Frequently Asked Questions:
Q: What is a totting-up driving ban?A: It is a disqualification imposed when a driver reaches 12 or more penalty points from offences committed within three years.
A: The usual minimum is six months. It may rise to one or two years where certain previous driving bans were imposed within the past three years.
A: The court may reduce or avoid the ban if it accepts that disqualification would cause exceptional hardship.
A: Not by itself. The court will examine the wider effects on your finances, family, colleagues or other people who depend on you.
A: Evidence may include employment records, financial documents, medical letters, travel information and statements from people affected.
A: Yes. You will normally need to attend, give evidence under oath and answer questions about the hardship a ban would cause.
A: The same circumstances cannot usually be relied on again within three years to avoid or shorten another totting-up ban.
A: Points used for totting up are normally treated as spent for future totting purposes once the disqualification has been imposed.
Contact Our Exceptional Hardship Solicitors
A well-prepared exceptional hardship case requires clear evidence and persuasive submissions. Richard Silver Solicitors can assess your circumstances, identify the evidence needed and represent you at court.
Call 0161 834 9494 or complete the firm’s online contact form to discuss your case before the hearing.
Call us on 0808 231 3908