Understanding Exceptional Hardship: A Guide to Protecting Your Driving Licence

Understanding Exceptional Hardship: A Guide to Protecting Your Driving Licence

If you’re facing the risk of a driving ban due to accumulating 12 or more penalty points on your driving licence, you may have heard of the term "exceptional hardship." This legal argument can potentially prevent a driving ban, allowing you to keep your licence despite reaching the threshold for disqualification. At Manak Solicitors, we specialise in helping drivers navigate this complex process. In this blog, we’ll explain what exceptional hardship is, how it works, and how our expert legal team can assist you in building a strong case to protect your livelihood.

What is Exceptional Hardship?

Exceptional hardship is a legal plea that can be made in court to avoid a driving disqualification when you’ve accumulated 12 or more penalty points within a three-year period. Under UK law, reaching this threshold typically results in a minimum six-month driving ban under the "totting up" system. However, if losing your licence would cause exceptional hardship to you or others, the court may choose not to impose a ban or reduce the length of the disqualification.

Exceptional hardship is not about avoiding responsibility for your driving offences but demonstrating that a ban would have a disproportionately severe impact on your life or the lives of those who depend on you. The court will consider the unique circumstances of your case to determine whether your situation qualifies.

What Qualifies as Exceptional Hardship?

The definition of exceptional hardship is not strictly outlined in law, as each case is judged on its individual merits. However, the hardship must be significant and go beyond the inconvenience that naturally comes with losing a driving licence. Common examples of exceptional hardship include:

• Loss of Employment: If you rely on driving to carry out your job (e.g., taxi drivers, delivery drivers, or sales representatives) and losing your licence would result in losing your job, this could constitute exceptional hardship. You must demonstrate that alternative employment is not readily available.
• Impact on Dependents: If others rely on you for transport, such as elderly relatives, children, or individuals with disabilities, a driving ban could severely affect their quality of life.
• Financial Hardship: If losing your job due to a driving ban would lead to significant financial difficulties, such as inability to pay a mortgage or support your family, this may be considered.
• Health and Mobility Issues: If you or someone you care for has medical needs that require you to drive, such as frequent hospital visits, this could strengthen your case.
• Lack of Alternative Transport: In rural areas with limited public transport, losing your licence could isolate you or prevent you from carrying out essential tasks.

The court will expect clear evidence to support your claim, such as payslips, medical records, or letters from employers or dependents. Simply stating that a ban would be inconvenient is unlikely to succeed.

How to Present an Exceptional Hardship Case

Successfully arguing exceptional hardship requires careful preparation and a compelling presentation in court. Here’s how you can strengthen your case:

• Gather Evidence: Collect documents that demonstrate the impact a driving ban would have. This could include employment contracts, payslips, mortgage statements, or letters from doctors or family members.
• Be Honest and Specific: The court will scrutinise your claims, so it’s crucial to provide accurate and detailed information about your circumstances.
• Seek Expert Legal Advice: An experienced motoring offence solicitor can help you build a persuasive case, ensuring all relevant factors are presented effectively. At Manak Solicitors, our team has a proven track record of helping drivers avoid disqualification through exceptional hardship arguments.
• Prepare for Court: You’ll need to attend a magistrates’ court hearing to present your case. Your solicitor can guide you on what to expect and how to present your argument convincingly.

Why Choose Manak Solicitors for Exceptional Hardship Cases?

At Manak Solicitors, we understand how critical your driving licence is to your daily life. Our dedicated team of motoring law specialists has extensive experience in handling exceptional hardship cases across the UK. Here’s why drivers trust us:

• Expertise: Our solicitors are well-versed in motoring law and know how to craft compelling arguments tailored to your unique situation.
• Personalised Approach: We take the time to understand your circumstances and gather the evidence needed to build a strong case.
• Proven Success: We have helped countless drivers avoid driving bans by successfully arguing exceptional hardship.
• Nationwide Service: Whether you’re in Bromley, Biggin Hill, Orpington, Sevenoaks, Gravesend, or anywhere else in the UK, we can represent you in court.

Key Considerations for Exceptional Hardship

• One-Time Argument: You can only use the same exceptional hardship argument once every three years. If you accumulate more penalty points after a successful plea, you’ll need to present a new hardship case.
• Penalty Points Remain: Even if your exceptional hardship plea is successful, the penalty points will stay on your licence, and you’ll need to avoid further offences to prevent reaching the 12-point threshold again.
• Court Discretion: The decision to accept an exceptional hardship plea is at the court’s discretion, so professional legal representation is crucial to maximise your chances of success.

How Manak Solicitors Can Help You Avoid a Driving Ban

Facing a driving ban can be stressful, but you don’t have to navigate it alone. At Manak Solicitors, we’re committed to helping you keep your driving licence and protect your livelihood. Our expert solicitors will:

• Review your case thoroughly to identify grounds for exceptional hardship.
• Gather and organise the necessary evidence to support your plea.
• Represent you in court with a compelling argument tailored to your circumstances.
• Provide clear, practical advice to help you avoid future offences.

Contact Manak Solicitors Today

If you’re at risk of a driving ban due to penalty points, don’t wait until it’s too late. Contact Manak Solicitors today to discuss your case and explore whether an exceptional hardship plea could help you avoid disqualification. Our friendly team is here to guide you every step of the way.

Call us now at 01689 870769 or 07731 868916

Email us at [email protected] ([email protected])

Visit our website at https://manaksolicitors.co.uk/ to schedule a consultation

Our Offices: Bromley, Biggin Hill, Orpington, Sevenoaks, and Gravesend 

Let Manak Solicitors help you protect your driving licence and keep you on the road.