Totting-up ban exceptional hardship argument

Hello there. I am Gemma, a legal assistant at Lawyer Destroyer.

You asked if you can avoid a totting-up ban by arguing exceptional hardship. The short answer is yes, you can, but the court sets a very high bar for what counts as exceptional.

Here is a breakdown of how it works and what you will need to do.

The legal position:

If you build up 12 or more penalty points on your driving licence within three years, the court must normally disqualify you from driving for at least six months. This is known as a totting-up ban.

You can ask the Magistrates Court not to ban you, or to reduce the length of the ban, by arguing that losing your licence would cause exceptional hardship.

The most important word here is exceptional. The courts take the view that losing a driving licence will always cause some hardship, inconvenience, and financial loss. That is the intended punishment. To succeed, you must show that the hardship goes well beyond what would normally be expected.

Because of this, simply losing your job because you cannot drive is often not enough on its own. However, if your job loss means you would default on your mortgage and lose your family home, the court is much more likely to listen.

Courts are especially persuaded when a driving ban would severely impact innocent third parties. Strong arguments often include:
A severe impact on a disabled or elderly relative who relies entirely on you for care and transport.
A severe impact on your children, particularly if they have specific medical or educational needs and public transport is not an option.
A severe impact on your employees, if you run a business and they would lose their jobs if you cannot drive.

Important rules to keep in mind:

If the court accepts your argument and decides not to ban you, you will still get the penalty points for your latest driving offence. This means you will be driving on 12 points or more, so your licence will be hanging by a thread and you will need to drive very carefully.

You cannot use the exact same reasons to argue exceptional hardship again for another three years.

You cannot make this argument by post. You will have to attend the Magistrates Court in person, stand in the witness box, and give your evidence under oath. The magistrates and the prosecutor will ask you questions to test how genuine your claims are.

Practical next steps:

1. Identify your exact reasons. Work out exactly who will suffer and how badly if you are banned from driving. Focus heavily on innocent third parties if you can, as this is usually the strongest angle.

2. Gather solid documentary evidence. The court will not just take your word for it, they will want proof. You should gather documents such as a letter from your employer confirming you will be dismissed if banned, medical letters for relatives you care for, business accounts, or mortgage statements.

3. Prepare your financial details. If you are claiming financial hardship, the court will want to see a clear breakdown of your monthly income and outgoings to prove that you would be left destitute by a ban, rather than just having to stick to a tighter budget.

4. Research the alternatives. The most common question you will be asked in court is why you cannot just use public transport, take taxis, or hire a driver. You need to have clear, practical, and financial reasons ready to explain why these alternatives are impossible for your specific situation.

I hope this helps you understand the exceptional hardship process and how you can start putting your case together.