Driving & Motoring Defence
Totting Up & Exceptional Hardship
Under UK motoring law, drivers who accumulate 12 or more penalty points within a three-year period face a mandatory driving disqualification of at least six months. This process is known as totting up.
For many drivers, a totting up ban can have devastating consequences — leading to loss of employment, business difficulties, or severe personal impact. However, in certain circumstances, you may be able to avoid disqualification by making an Exceptional Hardship Argument.
Our solicitors will be by your side at every stage of the court process, providing clear guidance and strong defence to protect your future.
What is Totting Up?
- ▸ Each motoring offence carries a penalty point tariff (e.g. 3–6 points for speeding, 6–8 points for no insurance).
- ▸ Points remain on your driving record for a set period, usually 3 years for totting up purposes.
- ▸ Once you reach 12 points, the court must impose a minimum 6-month disqualification unless exceptional hardship is proven.
Repeat bans within a short timeframe can result in even longer disqualification periods.
Exceptional Hardship
An Exceptional Hardship Argument asks the court not to impose a ban, despite the totting up threshold being reached.
This is not about hardship to you alone, but the knock-on effects on others who depend on you.
Examples include:
- ▸ Impact on employment – where losing your licence would mean losing your job, particularly if your role requires driving.
- ▸ Effect on dependants – if family members, children, or vulnerable relatives rely on you for transport or financial support.
- ▸ Business consequences – if a ban would put employees’ jobs at risk because of the impact on your business.
- ▸ Medical or personal needs – if you or someone you care for requires regular hospital visits or special arrangements that depend on your ability to drive.
What the Court Looks For
- ▸ Detailed evidence – claims must be supported with proof, such as employer letters, financial records, or medical documents.
- ▸ Credibility – the magistrates must be persuaded that the hardship is genuine and truly exceptional.
- ▸ Impact on others – arguments focusing only on inconvenience to you personally are less likely to succeed.
It is important to note that you can only use the same exceptional hardship grounds once within a three-year period.
Common Misunderstandings
- ▸ Exceptional hardship is not automatic — it must be argued convincingly.
- ▸ Simply saying “I’ll lose my job” is not enough; the court expects evidence.
- ▸ Hardship must be exceptional, not just inconvenience that many disqualified drivers experience.
How MC Solicitors Can Help
We have extensive experience in preparing and presenting exceptional hardship arguments. We can:
Assess whether you have a strong case.
Gather and prepare supporting evidence.
Represent you in court with a clear and persuasive argument.
Maximise your chances of avoiding disqualification.
Ready for Legal Support?
If you’re facing serious allegations, our team is here to provide expert support. Let us help safeguard your rights.