Exceptional Hardship

Experts in avoiding a ‘totting’ ban

Under the ‘totting up’ system, if you receive 12 points or more within three years, you unfortunately face a mandatory six-month driving ban. This can have a devastating impact, putting your livelihood at risk and placing significant pressure on your family life.

The only way to avoid this ban is to successfully argue that ‘exceptional hardship’ applies and the court should exercise their discretion in either reducing the ban or imposing no totting ban at all.

Success in these applications depends on meticulous preparation and comprehensive evidence. This may include financial documents, medical reports, supporting letters from employers or employees as well as oral evidence from witnesses.

For many drivers, losing their licence also means losing their job. Magistrates often view this as a routine consequence of the offence. To succeed, we must show that the hardship goes beyond the ordinary, demonstrating the wider impact on others such as family members or employees. We also prepare you for the difficult questions the Magistrates or prosecutor may raise, ensuring you have clear, persuasive answers.

At Reeds, we are true specialists in this area. With our dedicated London team and nationwide coverage, our team of motoring lawyers can assist you anywhere in the country. We offer both virtual and in person meetings.

We offer competitive fixed-fee representation for exceptional hardship applications, so you know the costs in advance.

If you would like to discuss any aspect of your case, please email us at [email protected] or contact us here. Alternatively, you can phone 0333 240 7373.

Our specialist motoring lawyers can submit an Exceptional Hardship application at any Magistrates’ Court nationwide and have a dedicated London team.

Case Studies

1. Our client was caught speeding several times within a two-week period and faced receiving 21 points on his licence. We successfully argued Exceptional Hardship, highlighting the loss of income from his work in the building industry and the impact on his partner, who relied on him to drive her to church each week.

2. Our client owned a small business delivering medicines within the UK and shipping them abroad. He employed two people but undertook all the delivery driving himself, as his staff could not drive, and this was essential to keep the business viable. He faced a six-month disqualification for reaching 12 penalty points, but we successfully argued that without his ability to drive the business would collapse and his two employees would lose their jobs.

3. Our client, a highly paid businesswoman and single mother living in a very isolated location, received a six-month disqualification after reaching 12 penalty points for a fourth speeding offence. On appeal, we successfully argued Exceptional Hardship on the basis of the impact the disqualification would have on her young son.

If you would like to discuss any aspect of your case, please email us at [email protected] or contact us here. Alternatively, you can phone 0333 240 7373.

Click Here for Frequently Asked Questions

Testimonials

Get in touch

Information is processed inline with UK GDPR and our Privacy Policy

This field is for validation purposes and should be left unchanged.

FAQ

If getting 3 or more points on your licence will make you a ‘totter’ (getting 12 points or more on your licence), it’s worth considering whether you could argue Exceptional Hardship and avoid the mandatory 6-month driving ban. Reeds Motoring can advise about your chances of success and how to maximise the strength of the argument.

We can assist you with completing the Single Justice Procedure court paperwork in the right way, requesting that you are given the opportunity to make an exceptional hardship application.

The Magistrates must impose a six-month driving ban if a driver amasses 12 points or more on their driving licence within a three-year period. The most common scenario is when a person already has 9 points on their licence, and gets caught for a new motoring offence, such as speeding. However, as several offences carry a punishment of 6 points (failing to nominate, using a mobile phone or no insurance), drivers are also vulnerable if they already carry some points. Another scenario is when a driver gets caught for a series of speeding offences within a few weeks of each other and the combined points will lead to a disqualification.

A six-month driving ban is mandatory, unless the Magistrates are persuaded that the driver or others would be caused Exceptional Hardship.

The law does not give a fixed definition of “Exceptional Hardship,” which means it is up to the court to decide whether the circumstances of your case are truly out of the ordinary. Simply saying that you will lose your job or face inconvenience is usually not enough, as Magistrates often regard this as the normal consequence of a driving ban. To succeed, you must show that the effects go well beyond this and will cause serious and disproportionate harm either to you or, more importantly, to others who rely on you.

Examples of situations that may amount to Exceptional Hardship include:

  • The loss of employment leading to an inability to pay a mortgage, which could cause your family to lose their home.
  • Dependants such as children, elderly relatives, or vulnerable family members who rely on you for transport to school, medical appointments, or daily care.
  • Employees who would lose their jobs if your business could not operate without you driving.
  • Serious medical conditions requiring frequent hospital visits that would become impossible without a licence.
  • Evidence that public transport is not a realistic alternative due to location, disability, or caring responsibilities.

The key is in the quality of the evidence: detailed witness statements, financial records, employer letters, and medical documentation can all strengthen your case. Exceptional hardship arguments must be carefully prepared and tailored to your personal circumstances.

Exceptional Hardship applications can unfold in different ways, depending on how the particular Magistrates’ Court and legal advisor prefer to conduct the hearing. Often the Magistrates will require that the person making the application give evidence on oath, giving the prosecutor a chance to cross-examine and challenge certain points. In other courts, the entire hearing can be conducted via submissions made by the defence solicitor or barrister.

It can be an advantage to ensure that supporting documents are read by the Magistrates before the hearing to shape a sympathetic and positive view from the outset.

If you have been caught speeding on more than one occasion and have a pending additional speeding prosecution or if several court summonses have already arrived, we can assist in joining the proceedings together.

At Reeds, our motoring law team draws upon vast experience with Exceptional Hardship applications and can give you the best chance possible of avoiding a driving ban. We take a meticulous approach in identifying the right supporting documents and think creatively about the possible arguments.

We make a point of building up information about the local Magistrates’ Courts and how they tend to hear the applications, seeking to place you in the best possible position.

We aim to achieve the highest standards of client care. You will have direct contact with a specialist motoring solicitor from beginning to end and you will be given honest, clear and realistic advice about the chances of success.

We offer fixed-fee representation for Exceptional Hardship applications, so you know the costs in advance.

London

Metropolitan Police Service prosecutes motoring offences at:

  • Lavender Hill Magistrates’ Court — 176a Lavender Hill, Battersea, London SW11 1JU.

Note: The Met also uses other London Magistrates’ Courts depending on offence location.

South East

Thames Valley Police prosecutes motoring offences at:

  • High Wycombe Magistrates’ Court and Family Court — Law Courts, Easton St, High Wycombe HP11 1LR.
  • Oxford Magistrates’ Court — The Court House, Speedwell St, Oxford OX1 1RZ.

Sussex Police prosecutes motoring offences at:

  • Brighton Magistrates’ Court — The Law Courts, Edward St, Brighton BN2 0LG.
  • Horsham Magistrates’ Court — The Law Courts, Hurst Rd, Horsham RH12 2ET.
  • Crawley Magistrates’ Court — The Law Courts, Woodfield Rd, Crawley RH10 8BF.

Bedfordshire Police prosecutes motoring offences at:

  • Luton & South Bedfordshire Magistrates’ Court — Stuart St, Luton LU1 5BL.

Cambridgeshire Police prosecutes motoring offences at:

  • Peterborough Magistrates’ Court — The Court House, Bridge St, Peterborough PE1 1ED.

Hampshire Constabulary prosecutes motoring offences at:

  • Aldershot Justice Centre (Magistrates’ Court) — The Court House, Civic Centre, Wellington Ave, Aldershot GU11 1NY.

Kent Police prosecutes motoring offences at:

  • Various local Magistrates’ Courts depending on offence location.

Surrey Police prosecutes motoring offences at:

  • Guildford Magistrates’ Court and Family Court — Mary Rd, Guildford GU1 4PS.

Essex Police prosecutes motoring offences at:

  • Colchester Magistrates’ Court and Family Court — St Botolphs Circus, Magdalen St, Colchester CO2 7EF.
  • Basildon Magistrates’ Court and Family Court — The Court House, Great Oaks, Basildon SS14 1EH.

Hertfordshire Constabulary prosecutes motoring offences at:

  • Various local Magistrates’ Courts depending on offence location.

Norfolk Constabulary prosecutes motoring offences at:

  • Various local Magistrates’ Courts depending on offence location.

Suffolk Police prosecutes motoring offences at:

  • Ipswich Magistrates’ Court — Elm St, Ipswich IP1 2AP.

South West

Avon & Somerset Police prosecutes motoring offences at:

  • Various local Magistrates’ Courts depending on offence location.

Devon & Cornwall Police prosecutes motoring offences at:

  • South & West Magistrates (Newton Abbot) — (sits at Newton Abbot); current venue/address varies by listing.

Dorset Police prosecutes motoring offences at:

  • Weymouth Magistrates’ Court (Weymouth Combined Court) — The Law Courts, Westwey Rd, Weymouth DT4 8BS.
  • Poole Magistrates’ Court — The Law Courts, Park Rd, Poole BH15 2NS.

Gloucestershire Constabulary prosecutes motoring offences at:

  • Cheltenham Magistrates’ Court — Cheltenham Courthouse, St George’s Rd, Cheltenham GL50 3PF.

Wiltshire Police prosecutes motoring offences at:

  • Swindon Magistrates’ Court — Princes St, Swindon SN1 2JB.
  • Salisbury Law Courts (Magistrates’ Court) — Wilton Rd, Salisbury SP2 7EP.

Bristol prosecutes motoring offences at:

  • Bristol Magistrates’ Court & Tribunals Hearing Centre — Marlborough St, Bristol BS1 3NU.

West Midlands

West Midlands Police prosecutes motoring offences at:

  • Various local Magistrates’ Courts depending on offence location.

West Mercia Police prosecutes motoring offences at:

  • Worcester Justice Centre (Magistrates’ Court) — Castle St, Worcester WR1 3QZ.

Warwickshire Police prosecutes motoring offences at:

  • Leamington Spa Magistrates’ Court (Warwickshire Justice Centre) — Newbold Terrace, Leamington Spa CV32 4EL.
  • Coventry Magistrates’ Court — Little Park St, Coventry CV1 2SQ.

Staffordshire Police prosecutes motoring offences at:

  • North Staffordshire Justice Centre — The Court House, Ryecroft, Newcastle-under-Lyme ST5 2AA.
  • Cannock Magistrates’ Court — The Court House, Wolverhampton Rd, Cannock WS11 1AT.

East Midlands

Derbyshire Constabulary prosecutes motoring offences at:

  • Derby Magistrates’ Court — The Court House, 18 St Mary’s Gate, Derby DE1 3JR.

Leicestershire Police prosecutes motoring offences at:

  • Leicester Magistrates’ Court — 15 Pocklingtons Walk, Leicester LE1 6BT.
  • Loughborough Magistrates’ Court — 60 Pinfold Gate, Loughborough LE11 1AZ.

Lincolnshire Police prosecutes motoring offences at:

  • Lincoln Magistrates’ Court — The Court House, 358 High St, Lincoln LN5 7QA.
  • Boston Magistrates’ Court — Boston Court House, 55 Norfolk St, Boston PE21 6PE.

Northamptonshire Police prosecutes motoring offences at:

  • Northampton Magistrates’ Court — Campbell Square, Northampton NN1 3EB.

Nottinghamshire Police prosecutes motoring offences at:

  • Nottingham Magistrates’ Court (Nottingham Justice Centre) — Carrington St, Nottingham NG2 1EE.
  • Mansfield Magistrates’ & County Court — Rosemary St, Mansfield NG19 6EE.

South Yorkshire Police prosecutes motoring offences at:

  • Sheffield Magistrates’ Court — Court House, Castle St, Sheffield City Centre, Sheffield S3 8LU

North West

Greater Manchester Police prosecutes motoring offences at:

  • Manchester & Salford Magistrates’ Court — Crown Square, Manchester M60 1PR.

Cumbria Constabulary prosecutes motoring offences at:

  • West Cumbria Courthouse (Workington Magistrates) — Hall Park, Ramsay Brow, Workington CA14 4AS.
  • Barrow-in-Furness Magistrates’ Court — Abbey Rd, Barrow-in-Furness LA14 5QX.
  • Carlisle Magistrates’ Court — The Courthouse, Rickergate, Carlisle CA3 8QH.

Lancashire Constabulary prosecutes motoring offences at:

  • Preston Combined Court Centre (Magistrates’ work heard at the Combined Centre) — The Law Courts, Openshaw Place, Ring Way, Preston PR1 2LL.

Merseyside Police prosecutes motoring offences at:

  • Liverpool & Knowsley Magistrates’ Court — The Queen Elizabeth II Law Courts, Derby Square, Liverpool L2 1XA.

Cheshire Constabulary prosecutes motoring offences at:

  • Warrington Magistrates’ Court — Warrington Law Courts, Legh St, Warrington WA1 1UR.

West Yorkshire Police prosecutes motoring offences at:

  • Bradford & Keighley Magistrates’ Court and Family Court — The Tyrls, Bradford BD1 1JL (site signage sometimes shows BD1 1LA).

North East

Northumbria Police prosecutes motoring offences at:

  • Local Magistrates’ Courts depending on offence area (e.g., Bedlington, Sunderland, Newcastle).

Durham Constabulary prosecutes motoring offences at:

  • Peterlee Magistrates’ Court — St Aidans Way, Peterlee SR8 1QR.

North Yorkshire Police prosecutes motoring offences at:

  • Harrogate Justice Centre (Magistrates’ Court) — The Court House, Victoria Ave, Harrogate HG1 1EL.

Cleveland Police prosecutes motoring offences at:

  • Teesside Magistrates’ Court — The Law Courts, Victoria Square, Middlesbrough TS1 2AS.

Humberside Police prosecutes motoring offences at:

  • Hull & Holderness Magistrates’ Court and Hearing Centre — The Law Courts, Market Place, Kingston upon Hull HU1 2AD.

Wales

South Wales Police prosecutes motoring offences at:

  • Cardiff Magistrates’ Court — Fitzalan Place, Cardiff CF24 0RZ.

North Wales Police prosecutes motoring offences at:

  • Llandudno Magistrates’ Court — The Court House, Conwy Rd, Llandudno LL30 1GA.
  • Mold Justice Centre (serving North Wales) — The Law Courts, Mold CH7 1AE.

Dyfed–Powys Police prosecutes motoring offences at:

  • Llanelli Law Courts (Magistrates’ Court) — Town Hall Square, Llanelli SA15 3AW.

Gwent Police prosecutes motoring offences at:

  • Cwmbran Magistrates’ Court — Tudor Rd, Cwmbran NP44 3YA.