Are you facing

atotting up ban

We understand losing your licence can have a serious impact on your livelihood and cause major disruption to your personal life.

We can save your driving licence by persuading the Magistrates not to impose an immediate disqualification by successfully arguing that a ban would cause you and your family ‘exceptional hardship,' which would allow you to continue to drive despite the points on your licence.

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AMAZING service. Special shoutout to Aftab who made the whole process easy. Would definitely recommend

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I’ve been using Alex for years, always goes above and beyond, very knowledgeable and very good at what he does, I couldn’t recommend them enough

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13 September 2024

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13 October 2024

Facing a Totting up Ban?

We at The Motoring Lawyers understand that facing a potential disqualification due to the accumulation of penalty points on your driving licence can have far reaching consequences not only for you but also for your family and colleagues. Our specialised and dedicated team can save your licence by considering:

  • The impact of a disqualification on you and those who rely on you. Exceptional hardship can be argued on your behalf, we can help you prepare evidence to support this, to avoid immediate disqualification.
  • In some cases a short disqualification can be negotiated rather than receiving penalty points and a subsequent six month ban.
  • Defending the original charge brought against you (if appropriate).
  • Special reasons can be argued to avoid the imposition of penalty points depending on the circumstances of the offence.
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    What amounts to exceptional hardship?

    A few examples of exceptional hardship:

    • Loss of employment and income.
    • It would affect your business and/or employment of colleagues.
    • Inability to maintain your mortgage/rent.
    • Health and mobility issues for the driver.
    • A carer for a dependant family member with health issues.

    Bear in mind the courts are becoming stricter in their interpretation of what constitutes exceptional hardship and it cannot be mere inconvenience. This is because a ban is meant to be a punishment and intended to serve as a reminder for the driver to be more careful in the future.

    How can we help?

    Documentary evidence in support of any such arguments would be required and we can guide you in preparing your strongest case, justifying grounds for exceptional hardship using our specialised expertise.

    Please note that once you have made an application for exceptional hardship you cannot use the same reasons again within a 3 year period. You may however use different reasons if your circumstances have changed, again issues we can fully explore with you in our initial free consultation.

    The offence itself may attract a discretionary disqualification and sometimes we can invite the court to impose a short period of disqualification (less than 56 days) instead of penalty points, thus avoiding a totting ban.


    If you rely on your licence take advice before attending Court. We have an excellent track record in successfully arguing exceptional hardship as our specialist advocates are highly experienced in presenting exceptional hardship applications before the court.

    Exceptional hardship applications do not qualify for legal aid but our costs are transparent as we offer fixed fees for appointments and representation at Court. Please see our FEES page for more information.

    WHAT IS A TOTTING BAN?

    Where a driver has attracted 12 or more penalty points for driving offences within a 3 year period, the law states a ‘totting up ban' must be imposed.

     The minimum period is:

    • 6 months if no previous disqualification is to be taken into account.
    • 1 year if one previous disqualification is to be taken into account.
    • 2 years if more than one previous disqualification is to be taken into account.

    The date of the offences and not the date of convictions are relevant to assess whether you are liable to be banned. A simple check of your licence on the DVLA website will clarify the position. If you are unsure then we can help assess your case but also appeal/challenge any errors or wrongly imposed points on your licence.

    These provisions are set out in section 35 of the Road Traffic Offenders Act 1988. This states that an application for exceptional hardship can be made when a driver accumulates 12 or more penalty points and if approved by the court would allow you to avoid a disqualification.

    We understand losing your licence can have a serious impact on your livelihood and cause major disruption to your personal life.

    We can save your driving licence by persuading the Magistrates not to impose an immediate disqualification by successfully arguing that a ban would cause you and your family ‘exceptional hardship,' which would allow you to continue to drive despite the points on your licence.

    WHAT IS A TOTTING BAN?

    Where a driver has attracted 12 or more penalty points for driving offences within a 3 year period, the law states a ‘totting up ban' must be imposed.

     The minimum period is:

    • 6 months if no previous disqualification is to be taken into account.
    • 1 year if one previous disqualification is to be taken into account.
    • 2 years if more than one previous disqualification is to be taken into account.

    The date of the offences and not the date of convictions are relevant to assess whether you are liable to be banned. A simple check of your licence on the DVLA website will clarify the position. If you are unsure then we can help assess your case but also appeal/challenge any errors or wrongly imposed points on your licence.

    These provisions are set out in section 35 of the Road Traffic Offenders Act 1988. This states that an application for exceptional hardship can be made when a driver accumulates 12 or more penalty points and if approved by the court would allow you to avoid a disqualification.

    We understand losing your licence can have a serious impact on your livelihood and cause major disruption to your personal life.

    We can save your driving licence by persuading the Magistrates not to impose an immediate disqualification by successfully arguing that a ban would cause you and your family ‘exceptional hardship,' which would allow you to continue to drive despite the points on your licence.

    What amounts to exceptional hardship?

    A few examples of exceptional hardship:

    • Loss of employment and income.
    • It would affect your business and/or employment of colleagues.
    • Inability to maintain your mortgage/rent.
    • Health and mobility issues for the driver.
    • A carer for a dependant family member with health issues.

    Bear in mind the courts are becoming stricter in their interpretation of what constitutes exceptional hardship and it cannot be mere inconvenience. This is because a ban is meant to be a punishment and intended to serve as a reminder for the driver to be more careful in the future.

    How can we help?

    Documentary evidence in support of any such arguments would be required and we can guide you in preparing your strongest case, justifying grounds for exceptional hardship using our specialised expertise.

    Please note that once you have made an application for exceptional hardship you cannot use the same reasons again within a 3 year period. You may however use different reasons if your circumstances have changed, again issues we can fully explore with you in our initial free consultation.

    The offence itself may attract a discretionary disqualification and sometimes we can invite the court to impose a short period of disqualification (less than 56 days) instead of penalty points, thus avoiding a totting ban.


    If you rely on your licence take advice before attending Court. We have an excellent track record in successfully arguing exceptional hardship as our specialist advocates are highly experienced in presenting exceptional hardship applications before the court.

    Exceptional hardship applications do not qualify for legal aid but our costs are transparent as we offer fixed fees for appointments and representation at Court. Please see our FEES page for more information.

    Specialist Motoring Offence Lawyer

    Contact us for an informal discussion.


    HOW CAN THE MOTORING LAWYERS HELP YOU?

    At The Motoring Lawyers we let our reputation and experience speak for itself. 

    Mr Bakhat has 30 years' experience as a qualified solicitor. Mr Rostron, a qualified solicitor and Higher Court Advocate has 20 years' experience. 

    We aim to provide a premier service and distinguish ourselves from the competition. Our team comprises experienced solicitors who are specialists in their fields. We guarantee that only qualified solicitors will advise you and represent you in court. This approach ensures that you receive the highest quality legal advice and the best possible outcome for your case with your dedicated solicitor providing continuous support. 

    We take the time to listen to your concerns, answer your questions and allay your fears.   

    We believe in fairness and transparency. Our pricing structure is clear and reasonable, with no hidden fees. We provide detailed information about our costs upfront, so you know exactly what to expect and can plan accordingly. 

    Thank you for considering The Motoring Lawyers as your legal advisors. We are here to provide the expert support you deserve. If you have any questions or need assistance, please do not hesitate to contact us. We look forward to helping you meet your legal challenges and requirements. 

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