Totting Up and Exceptional Hardship Solicitors
A possible driving ban can put work, caring responsibilities and family finances at risk. Peter Bonner & Co assesses your position and prepares exceptional-hardship applications in the Magistrates’ Court. Discuss your case or call 020 8297 1727.
Check which points count
A totting-up ban normally follows when the current offence brings the relevant total to 12 or more points. The offence dates, rather than simply the conviction dates, matter to the three-year calculation. The usual minimum ban is six months; qualifying earlier disqualifications may increase it. Bring your DVLA record and all current notices so the position can be checked.
What makes hardship exceptional?
The court needs evidence of consequences beyond the ordinary hardship of losing a licence. Losing a job is not, by itself, enough to establish the test. The effects on you and other people, and whether realistic alternatives exist, must be examined carefully. You will usually need to give sworn evidence. Grounds used to avoid or shorten a totting-up ban cannot be reused within the next three years.
Preparing your evidence
We help identify what needs to be established and what documents or witnesses may support it. Depending on your circumstances, useful material may include:
- an employer’s explanation of duties and available alternatives;
- details of dependants and caring arrangements;
- income, essential commitments and the actual consequences of job loss;
- public-transport routes, hours and practical alternatives;
- relevant medical evidence or information about employees affected.
The case must be accurate and specific. General statements that driving is essential are less useful than evidence explaining why an alternative is not viable.
Clear fees
Our published fee for a standard Exceptional Hardship application is £1,500 including VAT. We confirm the scope and any excluded work or third-party costs in writing before instruction. Read our full road-traffic fees and scope. We cannot guarantee that the court will accept an application.
Frequently asked questions
Is this a defence to the offence?
No. Exceptional hardship is an argument about a totting-up disqualification after the offence and points have been dealt with. Advice on any defence comes first.
Is it the same as special reasons?
No. Special reasons concern the circumstances of the offence and have a different legal test.
Does this avoid new-driver licence revocation?
The new-driver revocation rules are separate from totting up. An exceptional-hardship application does not prevent revocation under those rules.
Should I wait for the hearing?
Contact us early so that the points calculation, available arguments and evidence can be considered. Send any Single Justice Procedure notice promptly.