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Original poster

has anyone managed to escape a driving ban under the totting up process

18 replies

pud1 · 26/03/2008 12:19

my oh has totted up over 12 points. magority of these are for mot producing his documents. he was taxed insured ... at the time but as he didi not produce he gat 6 points. he has now been done for speeding and as he has over 12 points is facing a ban. he needs his car for his job and i wasn wondering if anyone else has any experiance of this. i know that the court may take his job into account but we will be knackered if he looses his job as i am on mat leave at the mo so money if realy tight.
any help would be appreciated

OP posts:
ScoobyDoo · 26/03/2008 12:22

You need cod i think courts are not really leanent though, my brother got a 20 month ban for drink driving, totally different to your circumstance but they defo was not taking his job into consideration & he needed to drive for his job, luckily they have got round that.

Original poster
pud1 · 26/03/2008 12:23

is cod a legal eagle.

OP posts:
emandjules · 26/03/2008 12:23

go to www.drivingban.co.uk for advice

PillockOfTheCommunity · 26/03/2008 12:24

I had an ex that got off, his employer gave a statement about it meaning he'd lose his job, and he claimed he helped an elderly neighbour do her shopping (no idea if true or not, was before I met him!).

They reduced the 6 points to just 5, meaning he kept his licence but had to sort out his speeding behaviour or risk losing it very quickly.

ScoobyDoo · 26/03/2008 12:24

Yes cod sure is...

PillockOfTheCommunity · 26/03/2008 12:24

oh, and cod is a magistrate so hands out the fines I think

Original poster
pud1 · 26/03/2008 12:41

she sounds like she will have good advise. will hope she comes along

OP posts:
HappyMummyOfOne · 26/03/2008 16:15

Need a few more details, what does your hubby do and in what context does he drive for work?

chipkid · 26/03/2008 16:20

your OH can argue exceptional hardship-ie that losing his licence would cause exceptional hardship to himself and his family. He will need good evidence that it is not possible to do the job without his vehicle-ie. he couldn't use taxis or take some unpaid leave from work. A letter from his employer may help.

He will however be left with a lot of points and should he get anymore he will not be able to advance the same argument again.

Think that's how it works-no doubt Cod will inform

HappyMummyOfOne · 26/03/2008 16:31

It all depends on what he needs to drive for - ie if he's an LGV driver he'll have a good reason to fight to keep his licence.

If he had 6 pts for not producing and now been caught speeding where did the other points come from - its something else that will be taken into account.

Remember though, even if you get a solicitor and fight the ban - not all insurance companies will cover someone with 12 points so it may be worth checking that as well.

Freckle · 26/03/2008 16:57

Your dh can argue exceptional hardship (e.g. will lose job, you on maternity leave, etc.). Is there any possibility that his employer will support him in this? If his employer will write to the court (or, even better, turn up to support him on the day - the courts view this very positively, although it does depend on the bench on the day), it may swing things so that he gets a very short disqualification, although his existing points will remain on his licence - hopefully adequate reminder that another slip and he will probably be banned for a much longer period.

Why on earth didn't he produce his documents when required? That's just such a stupid way to acquire points.

MaryBS · 26/03/2008 17:07

There are lawyers that specialise in "getting you off"...

nannyL · 26/03/2008 20:52

IMO if you have more than 12 points you should be banned

otherwise what is the point of having the system in the first place?

lets hope he learns his lesson for being so STUPID for not producing his documents, especially if he had them

expatinscotland · 26/03/2008 20:54

why didn't he produce his documments if he was in fact taxed/insured? there's plenty of time to do it.

a judge might ask that.

Jampot · 27/03/2008 16:30

yes my friend did for speeding offences. She still has 12 points but has kept her licence.

My sister recently avoided a ban after being caught driving at 108 on the motorway. She received 6 points and £200 fine.

They used the same barrister for 750 plus VAT

darkedge3 · 17/02/2016 15:02

There are certainly ways to avoid it, have a look at the following video - it describes in quite a bit of detail how it should be done:

KMDL · 12/05/2019 15:52

It really depends on the circumstances How can I avoid a totting up ban?
One of the arguments against a totting up ban is exceptional hardship. This is incredibly difficult to argue, as the hardship suffered must be exceptional, however there is no definitive explanation as to what constitutes ‘exceptional’. The fact that you may lose your job would not suffice as an argument on its own.

It is imperative that a strong case is built on admissible evidence to be sure of success in these arguments.

redstapler · 12/05/2019 21:45

@KMDL this thread is 10 years old so the ban will probably have been served by now!

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