Many people underestimate how demanding an exceptional hardship hearing can be. Once you reach 12 or more penalty points, you only get one opportunity to persuade the magistrates that a disqualification should not be imposed—so careful preparation is essential. The court will expect clear, credible evidence, and your case will be closely scrutinised.
This article highlights the most common mistakes people make in exceptional hardship cases, and how to avoid them, so that you give yourself the strongest possible chance of keeping your licence.
1. Failing to Prepare to Give Evidence
If you have never been to court before, it can be daunting. The hearing is your opportunity to show that you, and those who rely on you, would suffer exceptional hardship if you were disqualified. Think in advance about the real consequences of losing your licence and make clear notes about how it would affect you and others who depend on you.
A careful run-through with a solicitor can be extremely useful to help you understand what to expect in court, how to structure your evidence, and how to present it clearly and confidently. You will be questioned by the magistrates and may be cross-examined by the prosecution, so anticipating likely questions and practising your answers in your own words can make a significant difference to how persuasive you are on the day.
2. Failing to Provide Supporting Evidence
When you speak in court it will be under oath and is therefore classified as ‘giving evidence’, but the court will expect more than just your word. Supporting documents can carry great weight. A letter from your employer confirming the impact on your job, medical evidence explaining health needs that require you to drive, or financial records showing the practical implications of disqualification can all help. The court is far more likely to be persuaded by clear, specific examples of how losing your licence would affect you, rather than vague statements. Documentary evidence demonstrates that the consequences you describe are real and not speculative.
3. Forgetting to Address Alternatives
Magistrates will often ask why you cannot use alternatives such as public transport, taxis, or lifts from friends and family. As part of your preparation, you should consider these possibilities and be ready to explain why they are not realistic in your circumstances. For example, you may live in a rural area without reliable public transport, work irregular hours that make taxis unaffordable, or have caring responsibilities that make alternatives impractical. If the court considers that reasonable alternatives are available, your application is likely to fail. Showing that you have carefully thought about this issue and providing practical reasons why alternatives do not work for you, is essential.
4. Focusing Only on Financial Hardship
It is natural to think about hardship in financial terms. While the loss of income is relevant, financial impact alone is often not enough to succeed. The law allows the court to consider a much wider range of hardship. This can include the effect on family members or dependants, the risk of employees losing their jobs if a small business cannot operate without you, or the health consequences for yourself or others if you are unable to drive. By presenting the full picture, you increase the chance that the court will recognise the true scale of the hardship that disqualification would cause.
5. Failing to Mention Pending Offences
There are often delays between the offence that triggered your totting-up ban and the listing of your exceptional hardship hearing. During that time, you may have committed other driving offences that carry additional penalty points. It is crucial to make the court aware of any pending matters so that, where possible, all cases can be dealt with together. If they are considered at separate hearings, you could succeed in your first application but later face another totting-up disqualification when the further points are imposed.
If that happens, you may make a fresh exceptional hardship application, however, the law prevents the court from considering any circumstances that were taken into account in the previous three years. In practice, this means you must show that your situation has changed and that you are relying on new grounds, not simply repeating the same arguments. By ensuring that all known matters are combined into a single hearing, you give yourself the best chance of keeping your licence and avoiding the risk of a second disqualification shortly afterwards.
Learn more on our Exceptional Hardship Solicitors page.
If you are worried about getting 12 points or more on your licence, and would like to discuss a possible Exceptional Hardship Application, please email us at [email protected] or contact us here. Alternatively, you can phone 0333 240 7373.
About the Author
Clare Galo is a Senior Associate Solicitor within our Private Crime team, with over 20 years’ experience specialising in motoring law. She has represented countless clients facing exceptional hardship and totting-up proceedings, as well as a broad range of other motoring offences. Clare is recognised for her calm and methodical approach, combining detailed legal knowledge with strategic advocacy to help clients achieve the best possible outcome and preserve their driving licences.