Motoring Advice Blog

Katie Forrest of Forrest Williams

Exceptional Hardship in Sheffield Magistrates Court

Zandra Willows appeared in Sheffield Magistrates’ Court today where the District Judge considered her Exceptional Hardship application.

Zandra first approached Forrest Williams in a panic the day she received a summons for a speeding offence that had happened several months ago. As there had been no offer of a Fixed Penalty Notice, she wrongly assumed the matter had gone away and had forgotten about it.

Then, out of the blue, she received a postal requisition notice informing her of her hearing date and warning her that she faced a possible disqualification from driving.

A paralegal at Forrest Williams advised her that, as she already had 9 points on her driving licence at the time of the speeding offence, she was in a ‘totting up’ situation and would be disqualified for a period of 6 months unless she was able to make a successful Exceptional Hardship application.

Not surprisingly, Zandra had no idea how to set about preparing such an application. As she told her case worker during their first conversation, she had never appeared in court before. She was, in fact, terrified of what was going to happen next.

Once we had reassured Zandra that she had grounds with which we could build a strong application, she started to feel a weight lifting from her shoulders. Not only did she need her driving licence in order to do her job, but also to make regular access visits to her children, who reside with her ex-husband.

In addition, Zandra’s elderly parents also rely on her as a driver, for hospital appointments and shopping trips, etc.

Whilst the District Judge was prepared to punish Zandra for her ‘totting up’ of points, he also had to take into account to effect of a 6 month disqualification on those family members who relied on her as a wage earner and a driver.

It was this that influenced the District Judge to find in Zandra’s favour and allow her to keep her licence today.

Zandra said she was deeply appreciative of all the assistance and support she had received from Forrest Williams and thanked them for keeping her on the road.

If you are at risk of a totting up ban, call our expert team now on 01623 397200 for a free 30 minute consultation to discuss your case.

Tracy Johnson, Paralegal at Forrest Williams Solicitors

Exceptional Hardship in Chesterfield Magistrates Court

Mulia Walters was delighted today when the Chesterfield Magistrates’ Court District Judge found Exceptional Hardship had been proved.

For Mulia, this meant that she avoided the automatic 6 month disqualification which would normally occur as a result of the ‘totting up’ of penalty points to (or beyond) the threshold of 12.

As Mulia works as a HGV driver, delivering concrete products across the country, she knew it was vitally important she try to avoid disqualification as this would mean the loss of her job. She explained to her case worker at Forrest Williams that dismissal from her driving job would impact on her family, as she was the only breadwinner in her household and she had a partner and 3 young children to support.

In addition, Mulia explained to us that her partner did not hold a driving licence. This proved to be important for the preparation of her case, as 2 of her children have health problems which necessitate regular visits to both the GP surgery and hospital, which are some distance from where she lives.

As Mulia lives in a rural area, arranging alternative methods of transportation would have proved very difficult if she had been disqualified.

Mulia’s case worker worked very closely with her, fully preparing a detailed Exceptional Hardship application over a period of several weeks. Regular reviews of her case took place, which she said she found very reassuring. Her case worker ensured that she was given ‘to do’ lists of preparation, to help organise her efforts as the hearing date approached.

On the day of the hearing, Mulia’s employer drove her to court and came into the court room with her, for moral support. That she was held in high regard by the company was evident – her employer had put down the money for her legal fees, even though she had only been in this employment for the last 12 months.

So an excellent outcome, both for Mulia and Forrest Williams. Which just goes to show that, when instructing our company, nothing is left to chance. Full and detailed preparation is vitally important as the outcome of an Exceptional Hardship can never be guaranteed – it is always in the hands of the court. There are no shortcuts to success.

If you are at risk of a totting up ban, call our expert team now on 01623 397200 for a free 30 minute consultation to discuss your case.