Understanding the ‘Totting Up’ System, Exceptional Hardship, and Your Legal Options
Beyond the Commute: The Real Impact of a Driving Ban
Losing your driving licence is about more than just finding alternative ways to get from A to B. For many, it means the loss of independence, increased stress, and worries about work and family. If you’re facing a driving ban because of the ‘totting up’ system, you’re not alone. Thousands of drivers each year are caught out by accumulating too many penalty points in a short period. But before you accept your fate, it’s worth knowing that the law allows for something called ‘Exceptional Hardship’. This could be the key to keeping you on the road.
Defining ‘Totting Up’: How Points Add Up to a Ban
The ‘totting up’ system is straightforward: if you accumulate 12 or more penalty points on your driving licence within three years, you face an automatic ban, often for at least six months. The rules are set out under Section 35 of the Road Traffic Offenders Act 1988. While the system is designed to protect road users, it can sometimes feel unfair, especially if a ban would cause significant problems for you or others who rely on you.
What is ‘Exceptional Hardship’?
Exceptional Hardship is a legal argument you can make in court to avoid a driving ban, even after reaching the points limit. It isn’t about saying you’ll be inconvenienced, courts expect some disruption. Instead, you must show that a ban would cause real, unusual difficulties for you or, crucially, for others. This could include losing your job, being unable to care for a vulnerable family member, or putting someone else’s wellbeing at risk because you can’t drive.
Courts assess each application on its own merits, guided by Section 35. They look for genuine, tangible hardship that goes beyond the normal consequences of losing a licence. The effect on third parties, such as children, elderly relatives, or employees, can be particularly persuasive.
The Fair Result Approach: Support Every Step of the Way
Facing a ban is stressful, but you don’t have to go through it alone. At Fair Result, we offer fixed-fee certainty, so you know exactly what you’ll pay right from the start. Our team provides clear, supportive guidance throughout the process, helping you understand your options and building the strongest possible case for Exceptional Hardship. We believe in fair, straightforward advice – never legal jargon or unnecessary complications.
Building Your ‘Mosaic’ of Evidence
Evidence is everything when it comes to Exceptional Hardship applications. Courts expect to see more than just your word – they need proof. Think payslips to show loss of income, letters from employers, evidence of family responsibilities, or medical documents if someone you care for would suffer. The more detail you can provide, the better. Our team helps you prepare a strategic ‘mosaic’ of evidence, connecting the dots to show the full picture of hardship.
Why Professional Representation Is Vital
Presenting an Exceptional Hardship argument isn’t just about facts – it’s about telling your story in a way that resonates with the court. Professional representation ensures your case is well-prepared, your evidence is organised, and your voice is heard. We also provide emotional support during what can be a daunting experience. With Fair Result by your side, you’ll have experts who know exactly how to highlight the key points the court needs to see.
If you’re facing a driving ban, don’t take chances. Reach out to Fair Result for a confidential chat about your situation and how we can help.
Claim Your Fresh Start
Losing your licence isn’t inevitable. With the right approach, clear evidence, and expert guidance, you may be able to keep driving and protect what matters most to you. If you’re worried about a driving ban, take the first step today – visit our Criminal and Motoring Defence page for more information and personalised support. Let us help you claim your fresh start and get back on the road with confidence.
