Exceptional Hardship With 12 Penalty Points | M.A.J Law Solicitors

Facing a totting-up driving ban can be life-changing. In England and Wales, if you accumulate 12 or more penalty points on your driving licence within a three-year period, you will usually be disqualified from driving for at least 6 months.

This page explains what happens when you reach 12 points, what an exceptional hardship application is, how and when to make one, and why specialist legal help can be crucial. We’ll also cover the evidence you need, what it costs to hire a solicitor for such cases, and what to do if your application fails. Real case study examples are included to illustrate how exceptional hardship arguments work in practice, but if you do have any questions about your case, get in touch for free advice on 01514228020.

Did you know? According to DVLA data, over 100,000 UK motorists have 9 or more points on their licences and are at risk of a ban, and more than 6,600 drivers are still on the road despite 12+ points – mostly because courts accepted their exceptional hardship pleas. This highlights both how serious reaching 12 points is, and how crucial a successful exceptional hardship application can be in avoiding a lengthy driving ban.

What happens if I get 12 points on my driving licence?

Reaching 12 penalty points (or more) on your licence – often called “totting up” – triggers an automatic disqualification. For a first-time 'totter', the court will impose a minimum 6-month driving ban. You will receive a summons to attend Magistrates’ Court, where the disqualification is formally considered. In fact, it’s possible to face a totting-up ban with just two offences (for example, two serious speeding offences worth 6 points each could total 12).

The ban length increases if you’ve been disqualified for totting up before – 12 months for a second totting-up disqualification within three years, and 2 years for a third (.gov)

A 6-month driving ban is serious. During the disqualification you cannot drive at all, which can profoundly affect your employment, education, family and daily life. You may lose your job or business if driving is essential to it, struggle with groceries or school runs, and face isolation if you can’t easily use alternative transport. Insurance costs may rise after a ban, and if you’re banned for 56 days or more, you have to apply for a new licence (and possibly retake your test) once the ban is over. In short, accruing 12 points puts your mobility and livelihood in jeopardy.

(Note: Another way drivers sometimes avoid a ban is by successfully challenging the offence so that points aren’t added in the first place. However, if the points are correctly on your record and total 12, the only way to avoid disqualification at that stage is via an exceptional hardship plea.)

What is exceptional hardship?

Exceptional hardship is a legal argument you can present to the court to avoid a 6-month driving disqualification. You must persuade the court that the hardship caused by losing your licence would go beyond what is normally expected. A mere inconvenience will not be sufficient. The bar for exceptional hardship is therefore high: you must demonstrate that your circumstances are truly out of the ordinary and that a 6-month ban would cause severe, disproportionate hardship either to you or to others who depend on you.

Importantly, there is no fixed definition of exceptional hardship in the law. Magistrates assess it case by case, looking at the evidence you present. The Sentencing Council guidelines make clear that “some hardship is likely to occur in many if not most orders of disqualification,” and that courts should require solid evidence that no viable alternatives exist (such as alternative transport or other arrangements) before deciding the hardship is exceptional (Sentencing Council). Losing your job, for example, might amount to exceptional hardship – but not automatically. It depends on the consequences of that job loss: if it would merely be an inconvenience, the court may not be sympathetic, but if it would cause extreme financial difficulty or impact others (like employees or family members), it carries more weight. As the guidance says, the more severe the potential consequences for you and/or others, the more likely the hardship can be considered exceptional.

Examples of situations that have been accepted as exceptional hardship include:

• Risk of losing your livelihood in a way that also harms others. For instance, if you are a small business owner or professional driver and a ban means your business will collapse and your employees will lose their jobs, that goes beyond your personal inconvenience. Likewise, if you’ll be unable to pay your mortgage or rent and your family will lose their home as a result of your unemployment, that is an exceptional impact rather than a routine outcome of a ban.

• Severe hardship to people who rely on you. For example, if you are the sole caregiver for elderly or disabled family members and there is truly no alternative transportation or care arrangement for them, a driving ban could leave vulnerable people without essential support. Courts give significant weight to hardship that will be suffered by innocent parties (family, employees, those you care for) who would be affected by your inability to drive.

• Medical or mobility needs. If you have a medical condition or disability such that you personally cannot manage basic tasks or get to necessary appointments without driving, and there are no reasonable alternatives, a ban could amount to exceptional hardship. (For example, a person in a rural area who must drive to get life-sustaining treatment might fall into this category.)

On the other hand, arguments that only amount to normal hardship or inconvenience will not succeed. Common excuses like “I’ll have to wake up earlier to catch a bus to work” or “I’ll have to pay for taxis” are not exceptional – they’re exactly the kind of ordinary hardship a ban is meant to impose. The courts expect you to endure some difficulty if you’ve amassed 12 points through repeated offences. To win an exceptional hardship case, you must show hardship beyond the ordinary. Emphasising impacts on others (not just yourself) often strengthens your case.

Finally, exceptional hardship is not a punishment or an acquittal – it’s simply a reason for the court to exercise mercy in not banning you. If the court accepts your argument, you keep your licence despite having 12+ points. The penalty points will still remain on your record, and you remain convicted of the offences. You’re essentially being allowed to continue driving on probation, as any further points will immediately put you in jeopardy again (and you cannot reuse the same hardship reasons twice, as explained later). If the court rejects your exceptional hardship plea, the 6-month ban is imposed immediately, just as it would have been without the application.

Do I need to go to court to argue exceptional hardship?

Yes. An exceptional hardship plea can only be made in court, in front of the magistrates. When you receive a summons or notice that you’ve reached 12 points, it will list a court date. You (or your solicitor) must attend that hearing to put forward the exceptional hardship argument – it’s a verbal application to the bench, essentially a mini-hearing where you explain under oath why a ban should be avoided. The law does not allow exceptional hardship to be considered unless you formally present it to the court. Simply writing a letter in advance or asking the court clerk won’t suffice; you (and ideally any supporting witnesses) need to appear in person and give evidence.

During the hearing, the magistrates will first confirm the points on your licence and that you’ve either pleaded guilty or been found guilty of the triggering offence. Once it’s established that you have 12 or more points, the court will invite you (or your solicitor) to present your exceptional hardship case. This is done before any ban is finalised. The prosecution (usually a Crown Prosecution Service solicitor) may outline the facts of your offences and can oppose your application, arguing why your hardship might not be “exceptional.” You will then be sworn in to give evidence – meaning you affirm to tell the truth and explain the difficulties you’d face if banned. The magistrates (and sometimes the prosecutor) may ask you questions to probe your situation. It’s somewhat like giving testimony in a trial, though focused solely on the hardship issue, not re-litigating the offences.

Because this is a court hearing, it follows formal procedure. You should be prepared to answer questions under oath and to provide any documents or witness statements to back up your claims. After hearing your evidence and any prosecution response, the magistrates will retire briefly to consider. They then return and announce their decision: either they find exceptional hardship is proven (and thus no ban or a reduced ban will be imposed), or they find it is not proven (and thus the full disqualification applies). The decision is given immediately on the day.

What evidence do the court require in an exceptional hardship case?

Evidence is absolutely vital to a successful exceptional hardship application. Since you are asking the court to make an exception to the usual rule, you must back up your claims with solid proof. The magistrates will be skeptical of unsupported statements – they need to be convinced that the hardship you describe is real and that you’ve explored all alternatives to avoid it. Think of it like this: you’re building a case, almost like a mini-trial, to show the ban’s consequences. The stronger your evidence, the more credible your argument.

Here are the key types of evidence and documentation the court will expect or find persuasive:

• Employment Evidence: If your argument involves potential job loss or business failure, bring concrete proof. This can include your contract of employment (to show your role requires driving or that there’s a clause about needing a licence), a letter from your employer on company letterhead confirming that you will lose your job if you can’t drive, and possibly a letter from your employer explaining how your absence would impact the business (e.g. “we have no other employee who can cover his area; the company would likely have to terminate his position”). If you’re self-employed or run a business, prepare financial documents: accounts, client contracts that require travel, evidence of employees on payroll, etc. Demonstrating the scale of the impact – e.g. “I employ 5 people who will be laid off if I can’t drive to clients” – should be backed by letters or even willing witnesses. In some cases, employers or colleagues can attend court to testify on your behalf (this can be very compelling if practical).

• Financial Evidence: If losing your licence would cause severe financial hardship, you should provide income and expenditure records to illustrate this. For instance, show your monthly bills, mortgage statements, and any loan payments to prove you have significant obligations. If your job loss would mean you cannot meet those obligations, the court can see the numbers. Bank statements or a household budget can demonstrate that you have no wiggle room to absorb a loss of income. If you claim you can’t afford to hire transport or taxis during a ban, be ready to show your finances to validate that.

• Family/Dependency Evidence: When your hardship claim is about caring for others – e.g., children, elderly parents, a disabled spouse or relative – you need evidence of those responsibilities. This could include medical letters or reports confirming the person’s condition and reliance on you (for example, a doctor’s note stating that your elderly father cannot use public transport due to mobility issues and depends on you for transportation). School letters or schedules can support claims about school runs. If no one else can fulfill these duties, have any relevant people write statements to that effect (for example, a letter from a sibling: “I cannot assist with our parents because I live 200 miles away”). Photographs or proof of disability (like a copy of a blue badge, if relevant) could also help paint the picture. Essentially, demonstrate the specific needs of those who depend on you and why alternative arrangements (taxis, carers, etc.) are either unavailable or impractical.

• Alternative Transport Evidence: Courts often ask, “Why can’t you just take a bus/taxi/train?” You must be ready to answer that with evidence. If public transport is not an option because of where you live or the hours you work, show the bus/train timetables (perhaps there’s no early bus for your 5am shift, or no route to the remote areas you cover). If taxis would be prohibitively expensive, you could get quotes or do a calculation of expected costs and relate that to your income. If you’ve explored hiring a driver or carpooling and it’s not viable, have details on why (maybe no one else in your workplace lives near you, or hiring a driver would cost more than your salary). This demonstrates that you tried to find alternatives and none can prevent the hardship (Sentencing Council).

• Your Own Sworn Evidence: Aside from documents, your testimony under oath is evidence too. You will need to tell a coherent, truthful story about your circumstances. It’s important to be honest – if something is exaggerated or doesn’t add up, the prosecution might highlight inconsistencies and you’ll lose credibility. Practice explaining your situation clearly: what you’ve done to try to mitigate the impact of a ban, and why those efforts aren’t enough. The court must believe you. This is where preparation with your solicitor (including possibly a role-play Q&A session) can make you much more confident and credible when speaking.

In an ideal case, by the time of the hearing, you will hand up a bundle of documents to the magistrates containing your evidence: letters, financial statements, etc., all neatly organized. Your solicitor (or you, if representing yourself) will refer to these during your statement: e.g., “As you can see in the letter from my employer (page 2 of the bundle), my role will be terminated if I am banned from driving.” Magistrates appreciate when claims are backed by paper in front of them – it leaves little room for doubt.

Also, remember that exceptional hardship evidence must focus on hardship caused by the loss of licence, not the offence itself. This is not the time to argue you weren’t really speeding or that “it wasn’t your fault” – that ship has sailed if you’re at the totting-up stage (unless you’re simultaneously appealing a conviction). The court is only interested in what will happen if you can’t drive. Don’t stray into irrelevant details of how you got the points beyond context if needed.

One more tip: an often overlooked piece of evidence is a brief personal statement or letter from you expressing remorse. While not strictly “evidence” of hardship, a heartfelt apology for your driving record and an acknowledgment that you shouldn’t have gotten into this position can show the court that you take this seriously. It can be attached as a letter for the magistrates to read. This can humanize you and assure them that sparing you from a ban won’t be letting off an unrepentant repeat offender, but rather helping someone who’s learned their lesson and will be careful. It’s not a requirement, but it can help the overall impression.

Our senior solicitor, Marcus, discusses hardship cases:

In summary, the court requires credible, specific evidence for an exceptional hardship application. Every assertion you make – about your job, your finances, your dependents – should be supported by documents or witness testimony if possible. As a rule of thumb: If the magistrates can say “prove it” to any statement, make sure you have the proof. The effort spent gathering this evidence is well worth it, as strong evidence can make the difference between a failed argument and a persuasive one that leads the court to exercise mercy.

When can I argue exceptional hardship?

You can only argue exceptional hardship when you are facing a totting-up disqualification, i.e. at the point your licence has reached 12 active points. In practice, this opportunity arises at the sentencing stage for the offence that takes you up to 12 points. For example, suppose you have 9 points already and you’re convicted of another speeding offence worth 3 points. At the sentencing hearing for that speeding offence (usually in the Magistrates’ Court), after finding you guilty, the magistrates will note that adding 3 points brings you to 12. At that moment, before they impose the automatic ban, you or your solicitor can state that you wish to make an exceptional hardship application. The court will then adjourn briefly (or sometimes reschedule a special hearing) to hear your hardship plea.

In summary, exceptional hardship is argued at the same court appearance where the totting-up ban would be imposed. You cannot make the application preemptively before you actually hit 12 points – the court will only consider it once the threshold is reached. Typically, the notice or summons for the hearing will warn you that you are liable for disqualification due to totting up, which is your cue to prepare a hardship case for that day. If you plead guilty by post or online for the offence that brings you to 12, the court will require your attendance anyway because a ban is on the table. They will usually adjourn the case and summon you to present any exceptional hardship argument in person.

It’s important to note that you get one opportunity at that hearing to present your hardship reasons. You should come fully prepared with all necessary evidence (see the next section on evidence) when you go to court. If for some reason you aren’t ready, you can request the magistrates for an adjournment to gather evidence – they may grant a short delay, but there’s no guarantee. Generally, it’s best to assume the magistrates will deal with everything (sentencing and any hardship plea) on the day, so be ready to argue exceptional hardship at your first disqualification hearing.

Also, exceptional hardship pleas are not unlimited. If you successfully avoid a ban once, the law prevents you from using the same grounds to avoid a ban again for the next three years. In other words, if you argued last year that disqualification would make you lose your job and the court spared you, you cannot come back a year later (with another 12 points) and use job loss as a reason again – that reason is considered spent for three years. You’d need a different exceptional hardship argument (for instance, your circumstances changed and now you care for an ill relative) to have another chance. This rule is to stop repeat offenders from relying on the same hardship over and over. So, when you argue exceptional hardship is ideally only once in any three-year span, at the point of totting-up. Make it count.

Do I need a solicitor to raise exceptional hardship?

You are not legally required to have a solicitor – you have the right to represent yourself in court. However, trying to win an exceptional hardship case on your own is often daunting and risky. It’s highly recommended to use a specialist motoring offence solicitor for this process. Exceptional hardship hearings can be surprisingly complex and somewhat adversarial. You’ll be under oath, presenting evidence and potentially facing questions (or skepticism) from the prosecutor and magistrates. An experienced solicitor can make a huge difference in how well your case is prepared and presented.

Here are some reasons why a specialist solicitor is invaluable:

• Expert preparation: A solicitor experienced in exceptional hardship will know exactly what points to emphasise and what evidence is persuasive. At M.A.J Law, for instance, we spend a great deal of time with clients before the hearing, gathering all relevant evidence and anticipating questions. This includes obtaining letters from employers or doctors, financial records, or any documents that support your hardship claims. Proper preparation is crucial – simply standing up in court and saying “I’ll lose my job” is not enough without evidence. A specialist will help you compile a compelling evidence bundle.

• Experience and strategy: A solicitor who regularly handles these cases will know how to frame your personal circumstances in the most sympathetic light. They can advise which arguments are likely to resonate with the court and which are weak. For example, we might suggest focusing on how your ban would impact your innocent family or employees, rather than just you. Our team’s first-hand knowledge of courts across England and Wales gives us insight into how different benches approach hardship arguments.

• Courtroom representation: Standing up in a courtroom can be intimidating, especially when your licence is on the line. A solicitor can speak on your behalf, ensuring the key points are made clearly and confidently. They will lead you through your evidence, ask you the right questions (if it’s a situation where you give evidence in Q&A format), and handle any tricky cross-examination from the prosecution. This takes a huge weight off your shoulders and prevents you from getting flustered or forgetting important details.

• Professional credibility: Having a lawyer by your side signals to the court that you are taking the matter seriously. Magistrates know that a case presented by a competent solicitor will be succinct and legally grounded, which can make the hearing run more smoothly. The solicitor can also cite legal precedents or guidelines if needed to support that your hardship meets the criteria.

• Maximising your chance of success: Simply put, a specialist solicitor gives you the best possible chance to save your licence. Many drivers facing 6-month bans have walked out of court still able to drive, thanks to effective advocacy. M.A.J Law’s own record in exceptional hardship applications is excellent – over 94% of our clients have kept their licence after a totting-up threat. This high success rate is no accident; it’s a result of meticulous preparation, deep knowledge of traffic law, and skill in courtroom persuasion.

Given what’s at stake – potentially your job, your business, your family’s well-being – the cost of hiring a solicitor is usually far outweighed by the benefit of avoiding a six-month ban. Of course, it’s an investment (see the next section on costs), but consider the financial hit you’d take from losing your licence (unemployment, hiring drivers, taxi fares, etc.) as well as the personal strain. A solicitor can also advise you honestly if your case for hardship is weak; if so, you might decide to focus on other mitigation or at least be prepared for the outcome.

In summary, you don’t need a solicitor by law, but having one is extremely important if you are serious about keeping your licence. Exceptional hardship pleas are a one-shot opportunity – with a specialist solicitor like M.A.J Law guiding you, your odds of success are vastly improved. We cover all of England and Wales, so no matter where your court hearing is, our team can represent you. We also offer free initial advice, so you can discuss your situation with us and understand your options before deciding how to proceed.

How much does an exceptional hardship solicitor cost?

Legal fees for an exceptional hardship application can vary depending on the complexity of the case and the firm’s pricing structure. Most motoring solicitors work on a fixed fee basis for these hearings, meaning you pay a set amount that covers preparation and representation at the court hearing. This is beneficial for clients because you know the cost upfront with no surprises. Typically, fixed fees reflect the work involved – a straightforward case in a local court might be at the lower end, while a more complex case (or one requiring travel and additional hearings) might cost more.

At M.A.J Law, our fixed fees for an exceptional hardship case usually range from £1,500 + VAT to £2,500 + VAT. The fee will depend on factors like the volume of evidence to gather, whether we need to instruct any expert witnesses or gather extensive documentation, and the location and duration of the hearing. Our fixed fees cover the initial consultation, advice, preparation of your case (including reviewing evidence, contacting witnesses, compiling documents), and an experienced solicitor attending and advocating for you in court. We believe in cost transparency; you’ll know the fee from the outset and it won’t increase unexpectedly. (Note: Initial consultations with us are free, and if we take on your case, we operate on that fixed fee so you won’t be billed hourly.)

You might find some solicitors advertising lower fees for a hardship plea – for example, a firm might quote around £1,000 + VAT for a simple one-hearing application. There is no standard set price across the board, so it’s worth looking at exactly what is included in a fee. Be cautious if a fee seems too low; it may not include important aspects of preparation, or it might not cover representation if the hearing is adjourned and continued on another day. Our fees are a reflection of the thorough, personalised service we provide. When we handle your exceptional hardship case, we dive deep into your circumstances, often spending many hours gathering evidence and 'coaching' you for court. We also handle all the court arrangements, so you have peace of mind that everything possible will be done to secure the right result.

Another point to consider is that legal aid is generally not available for totting-up hardship cases. Since these are motoring matters in the Magistrates’ Court (and not ones that carry a risk of prison), you almost always have to fund representation yourself. This makes choosing a firm with a high success rate and transparent fees even more important. With M.A.J Law, if we accept your case, you can trust that we will put in the work necessary – we’re proud of our 94% success rate in exceptional hardship applications and our reputation for saving drivers’ licences.

In summary, expect to invest somewhere in the low thousands of pounds for a quality exceptional hardship solicitor. Our fees typically range £1,500–£2,500 + VAT for a complete service. While that is a significant sum, consider what’s on the line: losing your ability to drive for half a year. For most people, avoiding a lengthy ban (and all the associated costs and difficulties it would bring) is well worth the legal fee. We also often find that clients can recover financially by maintaining their employment/income which would have been lost during a ban. If you’re worried about cost, give us a call – we can talk through fees and even offer payment options to help. The goal is to make expert legal help accessible when you need it most.

What happens if my exceptional hardship application fails?

If you put forward an exceptional hardship plea and the court rejects it, then unfortunately you will be subjected to the normal totting-up disqualification. In practical terms, this means a 6-month driving ban will start immediately from that court hearing (unless your ban length is longer due to prior recent disqualifications, as discussed earlier). The magistrates, after announcing that they did not find sufficient exceptional hardship in your case, will disqualify you on the spot. Do not drive home from court – once you’re disqualified, driving any motor vehicle is illegal until the ban is over. You will be required to surrender your driving licence to the court (if you have it with you, hand it over; if not, you must send it to DVLA). The DVLA will be notified of your disqualification.

During the ban, you cannot drive at all, for any reason. No exceptions. If you’re caught driving while disqualified, you would be committing a criminal offence with serious penalties (including the possibility of imprisonment), so it’s critical to respect the ban. You’ll need to make alternative transport arrangements for work, family, and daily needs – be it public transport, lifts from others, cycling, etc. It’s a significant inconvenience, which is why the courts only impose it when necessary. But if your hardship plea fails, you must be prepared for this outcome.

The consequences of the 6-month ban will likely be those very hardships you feared: you might lose your employment if your job required driving. You may have to absorb financial losses or break commitments. While magistrates cannot partially mitigate these (their decision is binary – either they spare you or they don’t), you should immediately start planning how to cope without driving. Some individuals negotiate with their employers for non-driving duties, or temporarily relocate closer to work, etc. It will be a challenging period, but it’s finite.

Before you can drive again, you need to check if you must reapply for your licence. As mentioned, bans of 56 days or more require you to apply for a new driving licence from the DVLA. The court usually informs you about this. There might also be a requirement to take an extended re-test in some cases (though typically not for straightforward totting-up; extended tests are more for serious offences like dangerous driving). Ensure you follow any instructions about reissuing your licence so that when the 6 months are up, you’re legally ready to drive.

Importantly, you are not punished extra for attempting exceptional hardship and failing. Some drivers worry, “If I try to plead hardship and it’s refused, will the court be annoyed and ban me for longer or fine me more?” The answer is no – the worst that can happen is you get the standard 6-month ban you were going to get anyway. The court won’t extend your ban just because you made an application. So there is nothing to lose (except potentially legal fees) by trying. The only risk is that you spend effort and still end up banned, but the outcome is no worse than if you hadn’t tried. Knowing this, if your solicitor advises that your case for hardship is borderline but possible, it’s often still worth making the attempt since a win saves your licence and a loss leaves you no worse off (ban-wise) than not having tried.

If your application fails, the focus shifts to minimising the impact of the ban on your life. This might mean talking to your employer immediately to see if there are duties you can do without driving, arranging help for family commitments (like a carpool for school runs), and exploring transportation alternatives. Some people use the time to save money on car expenses or to reflect on driving habits. It’s tough, but many get through it by planning ahead.

Finally, remember that a failed exceptional hardship hearing can be appealed – which we’ll cover next. If you strongly believe the magistrates were wrong to refuse your plea (maybe they overlooked key evidence or you have new information), you do have the option to challenge the decision in a higher court. This won’t undo the ban immediately, but it’s a potential route to eventually overturn it. Let’s discuss how appeals work.

Appealing an unsuccessful hardship application

If your exceptional hardship application is refused and you’re banned, all is not necessarily lost. You have the right to appeal the decision to a higher court. In England and Wales, appeals from the Magistrates’ Court go to the Crown Court. This means you can ask the Crown Court to reconsider your case and essentially have a re-hearing of the exceptional hardship argument in front of a judge (and usually two magistrates).

Here’s how it works and what to consider:

• Timeframe: You have 21 days from the date of the decision to lodge an appeal. Since the exceptional hardship plea is decided at the point of conviction/sentencing, the clock starts from that hearing. To appeal, you (or your solicitor) will need to file a notice of appeal at the Magistrates’ Court, stating that you’re appealing the disqualification and outlining the grounds (i.e. why you believe the decision was wrong). If more than 21 days have passed, it becomes trickier – you’d need special permission (an “appeal out of time”), which is only granted in exceptional circumstances. So it’s important to act quickly if you intend to appeal.

• Licence status during appeal: One major concern for many is whether they have to serve the ban while waiting for the appeal. When you lodge the appeal, you can request the Magistrates’ Court to suspend the disqualification pending the appeal. Often, if an appeal is filed promptly, the Crown Court hearing might be scheduled within a few weeks. The magistrates do have the power to let you drive in the interim, but you must explicitly ask for this and the magistrates need to agree. They might consider whether the appeal has some merit. If granted, your licence can be reinstated until the Crown Court decides the case. If not granted, you would have to remain disqualified while awaiting the appeal hearing. Always verify with the court – do not assume you can drive after filing an appeal until you have confirmation of suspension of the ban.

• Appeal hearing: The appeal in the Crown Court is effectively a complete rehearing of the exceptional hardship issue. You will present your hardship case afresh, potentially with additional or better evidence than before. The Crown Court is not just reviewing what the magistrates did for errors; they look at it anew, which means you get a second bite at the cherry. This also means the prosecution can present their side again. You can refine your argument – for example, if you think the Magistrates’ Court overlooked something or you didn’t explain it well, address it now. Sometimes new evidence that wasn’t presented initially can be brought in (say you found a more detailed letter from your employer, or a change in circumstances has occurred in the meantime). The Crown Court will then decide to either uphold the ban (deny the appeal) or allow the appeal and remove or reduce the ban.

• Grounds for appeal: You do not needs 'grounds' to appeal a decision of the magistrates. If you disagree with the outcome - you can appeal.

• Risks and costs: There are a couple of things to be mindful of. First, while you have an automatic right to appeal, if you lose the appeal, the Crown Court can order you to pay costs for the appeal proceedings, and the ban will continue (with any time already served usually counting towards it). Additionally, the Crown Court could theoretically impose a different outcome – however, since this is about hardship and the sentence, the worst outcome is just affirmation of the same ban. You won’t get a longer ban for appealing (they can’t increase a 6-month totting ban, it’s fixed by law in that sense). But the court could impose fines or other costs if they feel the appeal lacked merit. Always seek legal advice before appealing, as a lawyer can give you an honest view of your chances. If your hardship case was truly marginal to begin with, an appeal might just prolong the inevitable and add expense.

• Appeal success: If your appeal is successful, the Crown Court will quash the disqualification (or potentially shorten it if they see fit). This means you get your driving licence back (or the ban is lifted early). You can also typically apply for a refund of any fines or ask for a Defence Costs Order to recover some of your legal costs for the appeal (since you “won” in the higher court). And importantly, if you do get the ban lifted on appeal, those 12 points remain on your licence (just like if you’d won at magistrates) – so you must be extremely careful going forward, as any new points could put you back in the danger zone without the ability to use the same hardship reasons again.

In short, appealing is your remedy if you strongly believe the Magistrates’ Court should have granted you exceptional hardship but didn’t. It gives you a second hearing in a higher court. At M.A.J Law, we handle appeals and often find that a well-prepared appeal can succeed if something was lacking in the initial hearing. We would examine the magistrates’ reasons (sometimes available in writing) and see if they made an error or missed something. Keep in mind the 21-day deadline and talk to a solicitor quickly if you’re considering an appeal.

Lastly, note that if you already had an exceptional hardship application granted in the past and you tot up again within 3 years, you cannot appeal to reuse the same reasons – the law explicitly forbids the same hardship grounds being used again in that period. An appeal won’t circumvent that rule. Appeals are about a specific decision; they’re not a way to “try again” with the same argument in front of a new court if the law says it’s inadmissible.