Exceptional Hardship plea (Help and advice) |
Exceptional Hardship plea (Help and advice) |
Wed, 1 Dec 2021 - 17:25
Post
#1
|
|
New Member Group: Members Posts: 7 Joined: 20 Apr 2021 Member No.: 112,350 |
Hi I've come here for some advice if possible on an Exceptional Hardship plea as I’ll be representing myself in court.
Abit of background info. I’m being taken to court for a toting up ban of 12 points. In May 2020 I was caught by an unmarked car on the motorway at a speed of 90 mph on the motorway which took me to 12 points on my licence as I had 9 already. I did have 3 points coming off in 30 days of my licence but after doing research I found out this does not matter. So, I accepted the points and the court hearing. Since then, I’ve had all points drop from my licence expect 3 that are going to be removed on the 5th of January around 3 weeks after the court date. And have received no other points or had problems In the year and 7 months since. Would this help me in my exceptional hardship plea to show and help support I’ve learned my lesson and help my statement? So, to summarise my Exceptional Hardship plea is I take my grandmother who has stage 4 cancer in her lungs and lymph nodes back and forth to her hospital appointments as no one else can, she’s in the high risk and vulnerable bracket for coronavirus which removes public transport and taxi’s as the rick is too high. I’d would lose my business I’m only just now about to get back on my feet with and my only source of income as well as i have extra costs that I wouldn’t be able to pay. But more importantly it would impact my son’s life and cause disruption and problems as well as make his mother’s life harder and possibly impossible with extra fee’s she already cannot pay aswell as reducing the money I can pay in child support which will reduce her income for her and my son. Abit more detail here - my Grandmother who’s 80 has stage 4 cancer in lungs and lymph nodes, she has regular chemotherapy treatments, doctor appointments and check-ups at the hospital that she needs to attend. I take her back and forth from the appointments unless my grandfather is feeling well enough to drive. He’s 86 and had a stroke so this can impact his ability to drive. She’s unable to drive herself after the chemotherapy and the cancer and chemo prevent her from being able to physically drive a lot of the time. My father doesn’t drive and there’s no one else to take her back and forth. With her being in the very high risk and in the vulnerable bracket for Coronavirus and the effects it could have if she does catch it. Taxi’s and public transport aren’t really an option. With me picking her up and dropping her off I know I can take all necessary precautions to make sure she’s safe. Plus I get to spend more time with her in what time we have left. I’m also a self-employed personal trainer who’s trying to rebuild they’re business after the coronavirus. My clientele who I visit at their homes and out of two separate gym’s which is a lot of traveling. The lockdowns have decimated my business and losing my ability to travel to these people would destroy my business and the only income I’m able to make. Also I have a son who’s 7 I see 2 days and nights a week Thursday to Saturday and Saturday to Monday alternating weeks. I drop my son off and pick him up from school twice a week to help his mother out with fees she can’t afford with childcare. If I lose my license his school is 2hours away by train/or bus and around 13 miles in the car from my home let alone places of work. The price of taxi fees would be a fee I could not afford and especially not after my business being so severely reduced to nothing especially after such a long hiatus. If I were to take public transport, we would have to set off at 6am just to get him to school and get up around 5am which would massively interfere with his routine and ability to learn in school. His mother wouldn’t be able to pay childcare fees for the times I couldn’t pick him up, she’s a teacher at a college and her working hours wouldn’t permit her picking him up and neither of us could afford childcare for after school either let alone picking him up and dropping him off to me on days he’s not in school. Grandparents both work fulltime jobs one being a nurse the other a teacher and do not have the ability to help more than they are already without reducing there hours of work. Apologies for the long essay and any help tidying this up would be appreciated or advice on court presentation. I was thinking of presenting as above to the court with a letter from my grandmother to support this aswell as details of prices for taxi’s, taxi’s for me and my son to school and evidence to show the public transport distance. Unless this would be too much? Thank you any help appreciated |
|
|
Advertisement |
Wed, 1 Dec 2021 - 17:25
Post
#
|
Advertise here! |
|
|
|
Wed, 1 Dec 2021 - 17:40
Post
#2
|
|
Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
The factors about when points went on and off are irrelevant. They don’t form any point in a hardship plea although the magistrates are human and it may sway them slightly to your side.
Loss of a job is also not, of itself, exceptional hardship, although loss of a business I would say is a but different to just the loss of a job. How it impacts others is considered more important as it’s the concept of not punishing an innocent person for the sake of your criminality. Your Grandmother sounds like a string part of your case but you may have to do your preparation work to convince a court no-one else can move her. I see them querying why your son goes so far to school as it’s unusual (although that was how far I travelled), so again you need to be prepared for the questions as to if a closer school is available and have the answers to hand. Obviously being caught at 90 and not ‘just’ over the limit, while not strictly relevant, may persuade the bench the other way as, to be honest, no-one does 90 and not know they are over the limit. -------------------- 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 |
|
|
Wed, 1 Dec 2021 - 17:50
Post
#3
|
|
New Member Group: Members Posts: 7 Joined: 20 Apr 2021 Member No.: 112,350 |
thanks for the reply. the school was close to his mums at the time but since she's moved hence the location. which doesn't really change where i live regardless changing schools when i pick him up 45% of the time wouldn't be an option really but im sure they'll ask as you say.
Ye it was the start of he lockdown on the way back from the shops with no one on the road but an unmarked behind me. totally lost in thought at the time with veryhting going on. the officer who pulled me said he could understand which the time and no other traffic to follow speed. regardless the fault is my own. |
|
|
Wed, 1 Dec 2021 - 18:43
Post
#4
|
|
Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Actual 90 would be mid-high 90s on many speedos - that's an answer you'll need to rehearse carefully in a country where the highest limit is 70...............
As said, the Grandmother is probably the strongest case but it seems most unlikely there are no other family members at all. Given thr treatment isn't or need not be far, I don't see why taxi isn't an option. |
|
|
Wed, 1 Dec 2021 - 19:05
Post
#5
|
|
New Member Group: Members Posts: 7 Joined: 20 Apr 2021 Member No.: 112,350 |
like i said totally lost in thought and thinking of the situation at the time. no other cars on the roads, im sure people will remember what it was liek then. very starnge and focus on the fact i had no income coming in at all before any announcements of financial help. none of this is really an excuse but do you think it'd help to say if asked?
with my grandmother it's the fact she's in such late stages with the cancer and her immune system is so shot with that and the chemo. plus its on her lungs. any cold or covid could be the end. a taxi or other service with multiple people coming and going on an hourly or less makes the chances of her catching something so much greater. and as said there's only me my father doesnt have a car, his other half doesnt drive. my uncle doesnt drive. there's just me and my grandfather and he's not fit to drive most of the time. this tied in with the lose of a business - not just a job and inability to survive if i do lose my licence. would this have a chance with the courts? |
|
|
Wed, 1 Dec 2021 - 20:29
Post
#6
|
|
Member Group: Members Posts: 4,781 Joined: 29 Oct 2008 Member No.: 23,623 |
Actual 90 would be mid-high 90s on many speedos - that's an answer you'll need to rehearse carefully in a country where the highest limit is 70............... That should not be a consideration for the Bench. The argument should centre solely on the hardship that may follow the ban and how the points were gained is not relevant. A competent court Chairman should not allow his or her colleagues to pursue that line as that is only relevant when sentencing for that individual offence. By the time the EH argument begins that exercise should have been completed. If the Bench does pursue that line, their Legal Advisor should advise them that it is not a factor they should take into account when deciding the EH issue. |
|
|
Thu, 2 Dec 2021 - 03:26
Post
#7
|
|
Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
To me the hardship around your son and the journey to school being impractical is more persuasive.
With your grandmother although it is admirable you are helping her she is presumably entitled as an oncology patient to non-emergency patient transport which will inevitably be less convenient than a lift from you, but will not prevent her getting medical care. In addition, if you are seeing lots of clients and visiting gyms the argument that a taxi driver is more likely to have covid may not wash, seeing as taxi drivers appear never to go to gyms. There is no harm in including all three reasons as with your points dropping off you will (hopefully) not need to reuse them imminently. Either way, I think you need to edit things carefully as at the moment your argument is a bit all over the place. Focus on those affected, e.g. "my son, who is 7 and has just started year 3) and the impact it would have. The bench will already quiz you on mitigation so you only need to include the obvious eventualities. E.g. any journey when you are banned can be replaced by a taxi so just tell them the school is 13 miles away and there is no viable public transport route. Give them details if needed in any questions. You want the bench to come away with a few key points mostly IMO (others may disagree) surrounding your son. Don't confuse them with the intricacies of running a PT business and make them forget about the key points. |
|
|
Thu, 2 Dec 2021 - 07:26
Post
#8
|
|
Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Actual 90 would be mid-high 90s on many speedos Most modern cars with electronic speedo's would over read by no more than 2-3mph. We aren't in the 1990's anymore, even then as 99 was the maximum it would be allowed to read then mid 90's would have been about right. -------------------- 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 |
|
|
Thu, 2 Dec 2021 - 14:48
Post
#9
|
|
New Member Group: Members Posts: 7 Joined: 20 Apr 2021 Member No.: 112,350 |
This would be what i was thinking to say.
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 a year and 7 months ago, which 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 run my own business as a Personal Trainer traveling from people’s homes to different gym locations to meet my client’s needs and keep my business operational. I also have a son who’s 7, and in year 3 a school, I have him two full days and nights a week and I pick him up from school two days a week to help his mother out with childcare costs as neither of us could afford to pay for extra childcare. Which running my own business give me this ability to do this. Although, I am able to use public transport, the bus service in the area as well as trains would mean travel time would be over two hours to getting him to school as it’s 13 miles away from my home by road. This would mean he’d have to be up at 5:30am and the same on the way back home from school arriving back at 6pm if not later. A taxi service wouldn’t be an option as the price of a 13 mile journey there and back would be around £41 and £82 a day and £328 a week. I wouldn’t be able to pay this now let alone when losing most if not all of my business. Also, I take my Grandmother who’s 80 and has stage 4 cancer in her lungs and the lymph nodes to regular chemotherapy treatments, doctor appointments and check-ups at the hospital. I take her back and forth from the appointments, unless my grandfather is feeling well enough to drive. He’s 86 and had a stroke so this can impact his ability to drive. My father doesn’t drive and there’s no one else to take her back and forth. Taxi’s and public transport are an option but with her being very high risk and in the vulnerable bracket for Coronavirus especially with it being the lungs. Limiting her contact with others is very important as well as the large cost of taxi’s. Evidence to hand over what I’ll be printing off to give them (do I hand this over before?) would be A letter from my grandmother typed and signed saying that I take her and help out when she needs it The area taxi prices by Kilometres – it’s set to a certain amount in the area by the council to show prices which you can print online– to show the price to the school and back as well as the gym’s for work/ homes Distance from mine to the school printed on Google maps Public transport journey planner travel time print out to get him to school Is this too much? When would I need to give them this information? Is there anything else I’d need? I also have answers ready for Moving school-(the effect it would have on his learning and life aswell as it’s his mother not just me to make this choice) Taxi price – (bargaining down a price wouldn’t be possible to bring it to a level that would be affordable) Grandmother and taxi’s – (added cost to her would be alot. Aswell as the argument id be more risk then a taxi driver because of my job which is me taking every necessary precautions which I do to an unknown variable with multiple mounts of contact in a taxi with various and large amounts of people daily – as to mine which my car doesn’t and washing my hands and marks covers me). Anything else I could be asked? |
|
|
Thu, 2 Dec 2021 - 19:04
Post
#10
|
|
Member Group: Members Posts: 3,074 Joined: 17 Nov 2015 Member No.: 80,686 |
Actual 90 would be mid-high 90s on many speedos Most modern cars with electronic speedo's would over read by no more than 2-3mph. We aren't in the 1990's anymore, even then as 99 was the maximum it would be allowed to read then mid 90's would have been about right. I must have missed the post confirming both modern model and electronic speedo featured. |
|
|
Fri, 3 Dec 2021 - 05:20
Post
#11
|
|
Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
Actual 90 would be mid-high 90s on many speedos Most modern cars with electronic speedo's would over read by no more than 2-3mph. We aren't in the 1990's anymore, even then as 99 was the maximum it would be allowed to read then mid 90's would have been about right. I must have missed the post confirming both modern model and electronic speedo featured. Which is why I pointed out that even an old one wouldn’t have risked reading high 90’s as you so confidently, but incorrectly, asserted. -------------------- 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 |
|
|
Fri, 3 Dec 2021 - 19:41
Post
#12
|
|
New Member Group: Members Posts: 7 Joined: 20 Apr 2021 Member No.: 112,350 |
Nice! really helpful comments haha. is this not a forums for help? or for ego stroking and bickering between each other?
|
|
|
Fri, 3 Dec 2021 - 20:14
Post
#13
|
|
Member Group: Members Posts: 56,265 Joined: 9 Sep 2003 From: Warwickshire Member No.: 317 |
They are, which is why I was correcting the erroneous statement your Speedo was reading in the high 90’s.
-------------------- 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 |
|
|
Sat, 4 Dec 2021 - 00:57
Post
#14
|
|
Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Nice! really helpful comments haha. is this not a forums for help? or for ego stroking and bickering between each other? Both, sadly. As I have said before, if I were you I would simplify it a bit and possibly try to make it a bit more personal if it's going to sound genuine. "It's so important to me that my son gets to school without starting off really tired", "I've put a lot of time and hard work into building my business" etc. In the end remember the magistrates can (and will) quiz you about the bits they don't understand, so you don't need to include every conceivable detail. E.g. my suggestion of an edit to one paragraph. I take my 80 year old Grandmother to frequent hospital appointments as unfortunately she has stage 4 lung and lymph node cancer. Her husband cannot usually take her due to his own health issues and I am the only family member able to give lifts on such a regular basis. Because of covid and being clinically vulnerable she avoids public transport, and as a pensioner the cost of taxis would be a significant proportion of her income. Good idea to take evidence as it shows you have researched alternatives. Take five copies, one for each of the magistrates and two spare. Either way make sure it sounds genuine coming from you, but remember that although this case is a big deal for you, for the magistrates you are one of many and you need to make sure your key points are clear. The question that can come up is "if your licence is so important to you, why have you accrued 12 points?". Have a remorseful and contrite answer, involving the phrase "I never want to be back here wasting the court's valuable time" or similar ready. |
|
|
Sat, 4 Dec 2021 - 01:28
Post
#15
|
|
New Member Group: Members Posts: 7 Joined: 20 Apr 2021 Member No.: 112,350 |
Thanks nomeatloaf for some valuble advice and direction you really did help and a few others in the post.
I beat the case today with a small fine. I just wanted to highlight the point that these forums seem to have lost there way with getting bogged down in ego driven narcissism trying to one up one another. But... thank you anyway court was a breeze compaired to reading half the replies on other posts, this and ones previous. Goodluck, Godbless and maybe try help fightback instead of each other haha. |
|
|
Sat, 4 Dec 2021 - 04:26
Post
#16
|
|
Member Group: Members Posts: 3,306 Joined: 4 Mar 2017 Member No.: 90,659 |
Glad you got a good result at court, that's what matters
|
|
|
Lo-Fi Version | Time is now: Wednesday, 17th April 2024 - 20:12 |