Advice on how to present exceptional hardship plea at court |
Advice on how to present exceptional hardship plea at court |
Sun, 2 Aug 2015 - 18:32
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#1
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Hi to all on this forum and hope you will be able to help me
I am due in court in just under 3 weeks as I was on 9 points and stupidly got caught speeding by a mobile camera van in December 2014 (60 in a 50 zone) and had already completed a SAC in the previous 3 years I would like to present an exceptional hardship plea at court (not contesting the offence as was speeding) but not sure how you introduce this Do you have to tell them that you are making an exceptional hardship plea or do you just launch into it when they ask if you have anything to say about the offence It is my understanding from what I have read that you need to swear on oath and can be cross examined, so I assume that you need to tell the court that you are making an exceptional hardship plea or am I wrong? My husband thinks that it would be better for me to receive a reduced ban in order to remove the other points but not sure how to best approach this at court Any help will be appreciated |
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Sun, 2 Aug 2015 - 18:32
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Sun, 2 Aug 2015 - 18:47
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#2
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Member Group: Members Posts: 587 Joined: 18 Sep 2008 From: Folkestone, Kent Member No.: 22,623 |
What were the points imposed for ?
When were they imposed ? Normally you would let the bench know you were making a plea for exceptional hardship at the mitigation stage of proceedings, you would then present your case for exceptional hardship. Don't forget that the imposition of a totting ban will, ordinarily, affect others as well as yourself. This is not exceptional hardship. You have to convince the bench that, in your case, the period of disqualification will impose exceptional hardship on others. You will have to explain in detail just what this consists of. |
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Sun, 2 Aug 2015 - 19:17
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#3
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Member Group: Members Posts: 41,506 Joined: 25 Aug 2011 From: Planet Earth Member No.: 49,223 |
That speed will be 3 points - they are highly unlikely to issue a short ban as sentence to avoid totting.
You will need to have your exceptional hardship plea ready - this can potentially reduce the ban from 6 months, possibly to none. Insurers will still be interested in all the offences leading to the totting - the points don't just 'disappear' in that respect. As noted, the impact on others carries more weight. What reasons to you think you would be put in a position of hardship? This post has been edited by Jlc: Sun, 2 Aug 2015 - 19:18 -------------------- RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request Private Parking - remember, they just want your money and will say almost anything to get it. |
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Sun, 2 Aug 2015 - 19:20
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#4
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Thanks for the quick response
The previous points were for 2 x SP30 (September 2013) and a TS10 in February 2014 (This actually went straight to court as in the area that I committed the offence it was deemed that 1.7 seconds into red should be referred to court) and then speeding in December last year I intend to base my exceptional hardship plea on the basis of my job as I work in the community with vulnerable people However, I will not lose my job if disqualified but if using public transport to visit my service users, then it will take me longer to travel which will impact on the amount of work that I can do in a day and also impact on my colleagues as they may need to respond to more urgent cases I am able to use public transport as I work in an urban area but, as I explained, a lengthy disqualification will create more strain on my clients and colleagues My manager has agreed to write me a supporting letter |
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Sun, 2 Aug 2015 - 19:46
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#5
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Member Group: Members Posts: 587 Joined: 18 Sep 2008 From: Folkestone, Kent Member No.: 22,623 |
I doubt very much that the conditions you mention would come under the exceptional hardship umbrella.
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Sun, 2 Aug 2015 - 20:11
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#6
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Thanks for the replies.
I was unsure myself about the exceptional hardship reasons as my employer does not expect me to hold a driving licence as long as I can access the geographical area of the city by public transport. However, nothing ventured, nothing gained as they say. I think that I have come to terms with the likelihood of disqualification but will give it my best shot in court as I would regret not trying I will work a little harder on my exceptional hardship plea and post it here for critique |
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Mon, 3 Aug 2015 - 18:44
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#7
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Right, I have now made a draft of what I intend to present as mitigation/exceptional hardship. Please feel free to critique this and be brutally honest as I realise that I am likely to be before much harsher critics in court
This is what I am thinking: Firstly, I would like to apologise to the court for finding myself before you today. I take complete responsibility for my driving behaviour and assure the court that I have learnt from my past behaviour I have had time to reflect on the manner of my driving and since this offence, I have had the opportunity to supervise my daughter whilst she learned to drive and this has made me more aware of the need to adhere to road traffic law in order to maintain safety on the roads I would like to draw the court's attention to the affect a lengthy disqualification period would have and would like to present an exceptional hardship plea EXCEPTIONAL HARDSHIP PLEA I am employed as a Social Worker and work with adults who are usually experiencing some manner of crisis in their lives I am involved in complex situations which may require me coordinating my assessment with police, health professionals or the individual's relatives Although, I am able to use public transport, the bus service in the area cannot always be reliable and if, consequently, I am unable to make the visit on time, this could lead to it being cancelled and subsequently delay services for the vulnerable person (I intend to print off bus timetables) Also, as is the case in much of the public sector, their are staffing shortages within the team and any decrease in my workload capacity would place a burden on my already overstretched colleagues The only positions in the team that are office based are currently held by unqualified staff, as all the qualified staff are required to manage the large number of safeguarding/complex cases being referred in to the team (I intend to get statistics for this) Not sure if this is too lengthy but would appreciate any comments on this |
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Mon, 3 Aug 2015 - 20:17
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#8
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Member Group: Members Posts: 13,572 Joined: 28 Mar 2010 Member No.: 36,528 |
Far too much of the 'mays' and 'mights' which make it sound very weak, if the bus service is not always reliable, then it is not reliable. A beefed-up version:
EXCEPTIONAL HARDSHIP PLEA I am employed as a Social Worker and work with adults who are experiencing various crises in their lives. This leads to complex situations which require me to coordinate my assessments with police, health professionals and the individual's relatives. Although I am not required to drive as part of my and in theory able to use public transport, the bus service in the area is unreliable and journeys would take much longer. I would therefore have to allow much longer for travelling time and if I am let down by the bus service and unable to make the visit on time, this will lead to delay in delivering services for the vulnerable person (I intend to print off bus timetables - don't). Inevitably since much more of my time would be spent travelling I would be able to deal with fewer cases. There are already staffing shortages within the team and budget restraints and an additional burden would be placed on my already overstretched colleagues. , All the qualified staff in the team are required to travel to manage the large number of safeguarding/complex cases being referred to us. The only positions in the team that are wholly office based are held by unqualified support staff. This is frankly not a strong case, but the best I can make based on that information. Is there anything in your personal life that could be added? -------------------- |
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Mon, 3 Aug 2015 - 20:47
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#9
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Thanks Logician for your comments - it does sound better how you phrase things
There is nothing in my personal life to add. My mother does experience some mobility difficulties but can use a taxi. Also, I have a sister who can provide transport and my husband and daughter drive I do transport my younger daughter to school but that I realise would not be considered - also hope my eldest can help out as she works part time I realise that it is not the strongest argument, especially as I am not specifically required to drive but you never know, I may get a sympathetic bench (not holding my breath on that one though) I take on board your point about the bus timetables, as on paper they look fine but not always in reality |
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Mon, 3 Aug 2015 - 23:14
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#10
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Member Group: Members Posts: 280 Joined: 20 Jan 2015 Member No.: 75,293 |
As mentinoed here, I don't think what you have noted will be deemed exceptional hardship.
20 years ago, I worked as a service engineer. Had to carry tools with me. Being young and naive, I got caught and totted up. I explained to them that due to the amount of tools I had to carry, I couldn't use public transport as it would make life difficult. They said it wasn't deemed exceptional. Banned for 6 months! Unfortunately in your case, although it means you might get to your appointments late, I think they would say you need to give yourself extra time to get there. i.e. leave earlier to catch the bus/public transport and get there early! If you had dependent children, had mortage and bills to pay and getting banned, would have lost you your job, then that would be classified as exceptional hardship. But you might have had to get a letter from your employer confirming you would lose your job if banned. You could ask them to ban you for a short period instead of points, but that is at their discretion and how they are feeling on that day! Don't drive to court on the day of your hearing, as when they sentence you, if they decide to ban you, it will be immediate effect and you won't be able to drive! Good luck. This post has been edited by Hassan2015: Mon, 3 Aug 2015 - 23:15 |
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Mon, 3 Aug 2015 - 23:25
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#11
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Member Group: Members Posts: 2,389 Joined: 10 Jun 2010 Member No.: 38,126 |
................. If you had dependent children, had mortage and bills to pay and getting banned, would have lost you your job, then that would be classified as exceptional hardship. But you might have had to get a letter from your employer confirming you would lose your job if banned. ................... Sorry Hassan, this almost appears like I am cyberstalking you, be assured it is not the case, but: Losing your job due to a ban is not automatically exceptional hardship. The OP needs to focus more on the effects a ban would have on other people. This can include his employer and/or other employees |
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Mon, 3 Aug 2015 - 23:40
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#12
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Member Group: Members Posts: 280 Joined: 20 Jan 2015 Member No.: 75,293 |
Sorry Hassan, this almost appears like I am cyberstalking you, be assured it is not the case, but: Losing your job due to a ban is not automatically exceptional hardship. The OP needs to focus more on the effects a ban would have on other people. This can include his employer and/or other employees That's ok, I have never had a stalker before, There is always a first They take into account hardship for employer? Really? Well I will be damned! It would be good to know which region the OP is from as it could make a difference. If the OP lives in the middle of nowhere, would then have to take a bus to wherever and buses only run once an hour and ... they might consider it. But as the OP has put it at the moment, it will be very hard to be accepted. This post has been edited by Hassan2015: Mon, 3 Aug 2015 - 23:40 |
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Tue, 4 Aug 2015 - 06:47
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#13
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Thanks for the replies
I live and work in a city, so theoretically you would think that bus links would be good. On paper they are alright but the bus company seems intent on reviewing and changing services on a frequent basis which means that there can be gaps left in service so 2 or 3 buses may be required As noted, I would need to allow extra time for appointments but I am not always in control of the time that I need to make an appointment for, as people's relatives may have needed to take time off work or another professional may have slotted the visit into a tight schedule Although this may present as just being an annoyance in itself, it would impact on the vulnerable people I work with as besides completing the assessment at the visit, I need to complete relevant documentation, arrange support etc which usually need to be done back at base. Therefore, more travelling time reduces the time that I will be actively working with my clients |
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Tue, 4 Aug 2015 - 07:24
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#14
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Be aware that circa 25% of EH pleas are successful (this data isn't robust, but is the best available), so don't lose all hope.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Tue, 4 Aug 2015 - 12:25
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#15
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
The Rookie - Thanks for the little glimmer of hope
I realise that it is up to me to present a good argument at court and have found coming on this forum really helpful as it has helped me to reflect on my situation and how this will come across to people who do not know me or the finer details of my job role (exactly what I will be faced with at court) I am prepared to give it my best shot at court but do actually understand that the situation is entirely of my own making and so need to be prepared to take it on the chin if it comes to that My court date is in just over a fortnight so will update the forum then. Once again many thanks to the contributors |
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Tue, 4 Aug 2015 - 14:31
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#16
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Member Group: Members Posts: 587 Joined: 18 Sep 2008 From: Folkestone, Kent Member No.: 22,623 |
Although I still think that your EH plea is weak, I wish you every success when you attend court.
You never know how things will pan out on the day. |
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Tue, 4 Aug 2015 - 14:37
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#17
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Member Group: Members Posts: 56,198 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Best of luck, please feedback your experience as it's invaluable for giving advice in the future.
-------------------- There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!
S172's Rookies 1-0 Kent Council PCN's Rookies 1-0 Warwick Rookies 1-0 Birmingham PPC PCN's Rookies 10-0 PPC's |
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Thu, 20 Aug 2015 - 11:35
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#18
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
Just an update
I have attended court this morning and received £160 fine +£85 costs + £20 Victim Surcharge (Total £265) and 3 points taking me now to 12 points but no disqualification The Magistrates accepted my Exceptional Hardship plea and, although they said it was borderline, they accepted that I had a duty of care to my vulnerable clients. I am more than happy with this result and, although not pleasant, the court experience was not as bad as I had anticipated apart from some very persistent questions from the clerk Once again, thanks for all the support of the members of this forum |
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Thu, 20 Aug 2015 - 12:07
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#19
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Member Group: Members Posts: 1,705 Joined: 20 May 2004 From: Lincolnshire Member No.: 1,224 |
A good result for you and your clients but be aware that once you've successfully used an EH argument you can't use the same one again. Those first points still count for totting up purposes for another year so you'll have to be ultra careful for the next year.
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Thu, 20 Aug 2015 - 12:27
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#20
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Member Group: Members Posts: 30 Joined: 2 Aug 2015 Member No.: 78,658 |
jdh - yes, the court made it very clear to me that any more offences and I would be disqualified. The clerk advised me the I was on "a knife edge" and could not use the same EH plea in the next 3 years
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