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Exceptional Hardship in Mansfield Magistrates Court

Helen Newman of Forrest Williams

Helen Newman of Forrest Williams

 

Exceptional Hardship in Mansfield Magistrates Court

 

Melinda Swan was delighted this week when magistrates in Mansfield Magistrates’ Court informed her that her Exceptional Hardship application was successful.

 

This result meant that Melinda, an Opening Manager for a popular national restaurant chain, avoided the automatic 6 month disqualification which goes hand in hand with what is known as the ‘totting up’ of points (ie when a person who has held their driving licence for more than 2 years reaches – or exceeds – 12 penalty points).

 

For Melinda, trying to avoid the disqualification was very important as she relies on her driving licence not only to make the 25 mile journey to and from her place of work each day, but also to travel at short notice from her restaurant to others within the chain, ie for reasons of staff sickness, or urgent delivery of food products and consumables.

 

Steve Williams, Senior Partner of Forrest Williams, explained to the court that although Melinda has a partner who works, she could not rely on this person to cover their joint financial commitments for a period of 6 months if she were to lose her job.

 

As Steve told the court, Melinda’s partner had debts and other financial commitments which meant that additional pressure placed on him, at this time, would most probably mean the end of their rocky relationship.

 

In fact, Melinda’s partner had written a letter in which he confirmed to the court that he would not be prepared or able to support Melinda financially during a disqualification period. This letter was handed in for the magistrates to consider, as well as other character reference letters and a letter of apology written by Melinda herself.

 

As the court is a very formal setting, and all statements made should be backed up by evidence, where possible, Steve also handed in a range of other supporting documents which Melinda had carefully prepared in line with the suggestions and advice of her case worker.

 

Forrest Williams offer a bespoke service which includes full preparation of a case, professional representation at the hearing by an experienced motoring law advocate and also a proof-reading service for letters and other documents.

 

Melinda said after the hearing that she had felt fully supported by the company from the moment she made the first phone call to shaking Steve’s hand after they had left court. She would, she said, happily recommend Forrest Williams to anyone who had fallen foul of the ‘totting up’ provisions and received the dreaded summons to court.

 

If you need an application for Exceptional Hardship in Mansfield Magistrates Court call our expert team now on 01623 397200.

 

 

Nottingham Tops Chart For Drivers On Road With 12 Points

solicitors for exceptional hardship

 

More Nottingham Drivers On The Road With 12 Points Than Anywhere Else In The Country

 

It has been revealed that Nottingham has the highest number of drivers on the road with 12 points in the whole country.

 

180 motorists from Nottingham are on the road despite being on 12 or more points.

 

Other places with a high number of drivers on the road despite reaching the totting up threshold are Doncaster with 174 motorists, Cardiff with 173 motorists, Birmingham with 169 motorists and Sheffield with 156 motorists.

 

This information has caused some controversy, as shown in this Nottingham Post article, where a spokesman for the road safety charity Brake describes drivers who reach 12 penalty points as having ‘no respect for the rules of the road’.

 

As specialist motoring specialists, we help many people conduct Exceptional Hardship applications to allow them to remain on the road despite reaching 12 penalty points or more, and we completely disagree with that comment.

 

In our experience, motorists who find themselves in a totting up position are generally very capable and responsible people who find themselves in that situation for a number of reasons including the mileage they do.  It is much easier to keep a clean licence, after all, if you drive once weekly to the local supermarket and home.  Many of our clients are high-level executives and business owners who are on the road every single day, clocking up tens of thousands of miles each year.

 

They usually find themselves in a totting up position because of four separate minor speeding offences.  There are, of course, other ways a person can find themselves in a totting up position, ranging from more serious speeding offences that have resulted in 6 points, to convictions for no insurance, using a phone whilst driving, or even careless driving.

 

Four minor speeding offences remains the most common scenario by which our clients find themselves in a totting up position, though, and we feel it is important to put this into perspective.

 

Penalty points remain active on your licence for 3 years, meaning that a person can find themselves at risk of losing their licence for 6 months if they have, at four separate times, been driving at, say, 36mph in a 30mph… in the last 3 years.

 

How easy is it to find your speed has crept up a few miles since you looked at the speedometer last?

 

How many of us can honestly say that we have never realised we are above the speed limit on an unfamiliar road?

 

We pride ourselves on working very hard for clients who are genuinely remorseful about their actions, and we know from first hand experience that our totting up clients do respect the rules of the road, and have simply made mistakes.  Mistakes that are usually minor, and mistakes that are, in reality, made by virtually every motorist at some point.

 

If you are at risk of a totting up ban, and want help from people who will hear your story and not judge you, call our expert team now on 01623 397200.

 

Solicitors for Exceptional Hardship: A Case Study

solicitors for exceptional hardship

Solicitors For Exceptional Hardship

 

In Sheffield Magistrates’ Court today, Emily Knowles was delighted with Steve Williams, Senior Partner of Forrest Williams, and the work of his team who had jointly prepared and then conducted her successful Exceptional Hardship application.

 

Emily’s application was made on the basis that, should she be disqualified from driving for a period of 6 months – which is the consequence of ‘totting up’ to 12 or more penalty points – then the people she employs would suffer significant financial loss as a result.

 

For Emily, who is an agent/driver for several well-known musicians, and who also runs a social club employing a dozen local people, the worry was not what would happen to her, but how the people closest to her would suffer.

 

Steve ensured that the magistrates understood this, and took time to detail exactly who would be affected – and how.

 

After reviewing the many documents Emily had prepared (under the close guidance of her case worker), the court’s decision was to allow Emily’s Exceptional Hardship application and not disqualify her.

 

That Emily could continue with her business, providing much-needed work and an income for many local people, was always her primary consideration.

 

The rigorous preparation of her case, and excellent advocacy skills of Steve Williams on the day of the hearing, meant that Emily’s life could continue as it had before. She told Forrest Williams that she was incredibly thankful for all the assistance she had received and that she would drive more carefully in future. She said that although her experience of court had been exhilarating, she had no ambitions to repeat it.

 

If you are facing an Exceptional Hardship application, call us now for an honest assessment of your case on 01623 397200.

 

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