Winner of the Legal 500 - 'Criminal, Fraud & Licensing Law Firm of the Year 2019'
"One of, if not the best, criminal specialist firms in the country" (Legal 500 | 2021 Edition)
Exceptional Hardship Solicitors
If a driver obtains 12 or more penalty points in a 3 year period they can be disqualified from driving under the “totting up” provisions.
The minimum periods of disqualification are as follows:
- 6 months, if no previous disqualification is to be taken into account;
- 1 year, if one previous disqualification of at least 56 days has taken place within the last 3 years immediately preceding the date of this offence;
- 2 years, if more than one previous disqualification of at least 56 days has taken place within the last 3 years immediately preceding the date of this offence.
However, the decision of the Court is a discretionary one and they could be persuaded not to impose the disqualification if it would amount to exceptional hardship.
What is Exceptional Hardship?
Exceptional hardship has no legal definition.
However; to be successful it must be beyond what would be reasonably foreseeable.
It is unlikely to be successful by claiming that employment would be lost. However, it may be sufficient to say that by losing employment a mortgage would be defaulted on and a home lost.
The Court can also consider the effects of the disqualification on a third party.
During an exceptional hardship hearing the defendant is likely to have to give sworn evidence which can lead to cross-examination by the Court and the prosecution.
If the court is persuaded not to disqualify you, your licence will still be endorsed with penalty points which will remain live for the purposes of any future court proceedings for a period of 3 years.
You will also be unable to rely on the same submissions at any further hearing in the next 3 years.
Our Experience in Exceptional Hardship Cases
We can advise you on the prospects of an exceptional hardship hearing.
We will prepare for the hearing by obtaining as much evidence from you in order that submissions can be made on your behalf.
We can also advise and assist in obtaining documentary evidence which would assist the submissions.
It is important that your case be presented thoroughly and expertly at the first opportunity.
Our Track Record
Kangs Solicitors have had great success in exceptional hardship applications and you can read about one such case conducted by our team.
The Times newspaper has recently reported that, according to Home Office sources, Priti Patel, the Home Secretary, plans to announce reforms to the extent that suspects of criminal activity can be bailed for a period of up to ninety days where deemed ‘necessary and...
The Proceeds of Crime Act 2002 (‘the Act’) established the Assets Recovery Agency and provides for the exercise of powers of seizure of assets in relation to Money Laundering, Restraint and Confiscation Proceedings. Sections 47A and 47B of the Act explain the identity...
In our previous article entitled ‘Re-identification of De-identified Personal Data’, we explained the nature of the Information Commissioner’s Office (‘ICO’) and powers arising under the Data Protection Act 2018 (‘the Act’). Our last article focused upon Section 171...
By virtue of section 69C VAT Act 1994 (‘the Act’), HMRC is empowered to refuse any claim for the allowance of ‘input tax’ in any situation where it believes that the amount claimed arises or may arise from any transaction, or series of transactions, where a fraud...
In our previous article posted to this site on entitled ‘IR35|Rule Changes’, we explained the nature of the changes to the IR35 rules. With these forthcoming changes coming into force on 6 April 2021, in order to ensure compliance, a close examination of all...
2 Wake Green Road, Moseley
Birmingham, B13 9EZ
0121 449 9888
9 Carmelite Street,
London, EC4Y 0DR
020 7936 6396
76 King Street
Manchester, M2 4NH