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.
Tags: case studies