Totting up, Exceptional Hardship Options

[madamcng]

I am facing a court appearance for totting.

On 9 points and just got flashed.

I have heard that dependants is the best EH defence?

Has anyone had experience of this type of defence and what was the outcome

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[The Rookie]

We have a lot of similar enquiries, DVLA data suggests that circa 25% of people getting to 12 or more points avoid a totting ban via an EH plea.

Hardship has to be exceptional (at least in the eyes of a magistrate) and yes the effect on dependants will obviously sway them more as they are innocent victims.

You say you are on 9 points, is that all accumulated within the three years before this offence date (points count for totting for three years but stay on your licence for four).

What speed/limit? Are you eligible for an awareness course in other words (England and Wales, not Scotland/NI)?

[peterguk]

I have heard that dependants is the best EH defence?

Has anyone had experience of this type of defence and what was the outcome

It's not a defence. It's an exceptional hardship argument. There isn't a "best" or "worse" argument. There is only an argument based on your own circumstances.

[Jlc]

It’s a plea and not a defence. (A defence would be for a not guilty plea to the offence itself)

Not a lot you can do right now until any NIP arrives other than think about a plea. The impact on others carried more weight but losing a job (if that’s the case), in itself, won’t necessarily amount to exceptional. The ban is 6 months and can be reduced with a successful plea - potentially to none.

This post has been edited by Jlc: Fri, 31 Aug 2018 - 15:04

[madamcng]

Thanks all.

I understand the plea point

I have the NIP already, 49 in 40. Previously got 3 SP 30's over a 3 month period 2 years ago and have been on a driver awareness course 2 years ago.

Not disputing the points, just frustrated.

My case is four elderly dependent non driving parents who I have to run around and 1 dependent child. I won't be bale to carry out my part time job, but as you say, thats a weak plea. Also my wife has cancer treatment twice a month which would be quite uncomfortable for her travelling in a taxi!!

This post has been edited by madamcng: Fri, 31 Aug 2018 - 15:17

[AntonyMMM]

My case is four elderly dependent non driving parents who I have to run around and 1 dependent child. I won't be bale to carry out my part time job, but as you say, thats a weak plea. Also my wife has cancer treatment twice a month which would be quite uncomfortable for her travelling in a taxi!!

That has the makings of an EH argument - but be prepared for tough questions about transport alternatives. Best advice is usually to be polite, dress smart and present the argument yourself if you can ( tends to come across better from you, than from a solicitor).

[NewJudge]

Also bear in mind two things:

1. If you are unsuccessful you will be banned and the ban starts immediately. So don't drive to court.

2. If you are successful you leave the court with twelve points on your licence. You will be liable to a "totting" ban again if you receive any further points before six of them have become inactive (which is three years after the offence date). You cannot use the same reasons for an EH plea within three years of this one. If you have a number of factors which you believe will impose EH it may be wise to keep some in reserve in case you are unlucky enough to fall foul again. But it's a fine line between wanting to put forward the strongest EH argument you can and keeping some of your powder dry.

This post has been edited by NewJudge: Fri, 31 Aug 2018 - 15:47

[Logician]

My case is four elderly dependent non driving parents who I have to run around and 1 dependent child. I won't be bale to carry out my part time job, but as you say, thats a weak plea. Also my wife has cancer treatment twice a month which would be quite uncomfortable for her travelling in a taxi!!

You will have to explain why you have to run them around, eg why they could not get taxis, have groceries delivered and so on, and why your wife would be uncomfortable in a car which is a taxi, but OK in a car driven by you. Losing your job has more significance if your household finances are such that your wife might face losing her home. You need to think of all the questions that might arise from your description of your circumstances and how you might answer them. You might find it helpful to write out what you would say, so that you are less likely to forget things. you could either read this out or ask the magistrates to read it for themselves. If you do that take 5 additional copies, one for each magistrate, one for their legal advisor and one for the prosecutor.

[notmeatloaf]

If you think it is weak then you are probably right.

Most people who go for EH pleas do it because their licence is really valuable to them and it would exceptionally inconvenience those around them if they were to lose it. Almost all drivers have family who they ferry around, but they aren't all exceptional.

The pointers you have above are a good start if you do look at EH.