If you are a UK driver (excluding learner drivers or those in their first 2 year probationary period) the maximum number of penalty points allowed on your driving licence is 12, you are then automatically liable to disqualification from driving under the ‘totting up’ provisions.
Penalty points are imposed following a driving offence. The accrual of 12 points before disqualification looms may seem lenient or rare but, in fact, many motorists can inadvertently find themselves in this situation. Three years is a long time in which to avoid points especially if you drive more than the average person for example for commercial purposes. Detection of motoring offences is also now more prevalent than it used to be with the increased use of CCTV in bus lanes, at level crossings and at variable speed limit areas of dual carriageways and motorways. It is now easier than ever to fall foul of the totting up provisions.
The prospect of disqualification brings with it worry and concern as it can impact on almost all areas of our life; our freedom, our ability to keep to current family/social commitments, our ability to work and so on. However, there is a route available to motorists in this position which means that 12 points doesn’t necessarily mean the end of the road!
Despite having 12 or more penalty points, you may still avoid disqualification if you can successfully argue that a disqualification would cause exceptional hardship. This hardship must be over and above the general hardship that would normally follow a disqualification. Each argument must be tailored to the individual circumstances with supporting evidence to increase the chances of success. Experienced legal representation is strongly recommended as, unless the information is put to the court in the appropriate manner, it may get lost in translation and the argument lost.
So on the successful arguing of exceptional hardship, 12 penalty points does not necessarily mean an automatic disqualification from driving.
If you are facing disqualification under the totting up provisions and would like to know more about exceptional hardship, how to prepare an exceptional hardship argument or would like us to make the argument to the court on your behalf then please contact Kate Preston on 01782 205000 or firstname.lastname@example.org