Exceptional Hardship Application Accepted - Willesden Magistrates' Court (October 2025)
Our firm was instructed at short notice—just one week before the hearing—to represent a client facing a potential six-month driving disqualification under the totting-up provisions.
Following an emergency virtual consultation personally conducted by our Senior Partner, we took detailed instructions and immediately began preparing a comprehensive exceptional hardship application. The Senior Partner subsequently attended court and presented the case in person on the client’s behalf.
Background
Our client already had six penalty points on her driving record and was charged with using a handheld mobile phone while driving, an offence carrying a further six penalty points. This brought her total to twelve points, triggering an automatic driving disqualification under the totting-up rules.
Both offences related to mobile phone use while driving. The most recent incident was reported to the authorities by a member of the public who witnessed the alleged conduct.
Client’s Circumstances
During our consultation, the client explained that she suffers from a chronic bladder condition requiring her to urinate very frequently—often every 20 minutes during the day and at least once during the night. To manage her symptoms, she keeps a detailed urine diary, monitors her diet and sugar intake, and has discontinued long-term antibiotics on medical advice, instead managing her condition through lifestyle changes.
Having access to her own vehicle is essential for managing her condition. It allows her to travel independently and stop whenever necessary. Using public transport causes her considerable anxiety due to limited toilet access, potential delays, and the physical discomfort of standing or walking for prolonged periods.
In addition, the client bears significant financial responsibilities as the sole tenant named on a shared rental agreement. However, she remains legally liable for the full amount. A driving disqualification would severely affect her ability to work and meet her financial obligations, placing her under substantial financial strain.
She also provides essential care and support for her younger brother, who has autism. Their mother works two jobs—one during the day and another in the evenings—and relies on her to care for her brother when she is unavailable. Public transport can be overwhelming for him due to sensory sensitivities, making the client’s ability to drive vital for the family’s well-being.
Court Outcome
After hearing our submissions, the Magistrates accepted that a driving disqualification would cause our client exceptional hardship. The court therefore exercised its discretion not to impose a driving ban, instead imposing an acceptable financial penalty.
Conclusion
This case highlights how thorough preparation and persuasive advocacy can make the difference between losing and keeping a driving licence. Despite being instructed only a few days before the hearing, our swift and detailed work ensured that the client’s medical, financial, and family circumstances were clearly and effectively presented to the court.
If you are facing a totting-up disqualification or require urgent representation for an exceptional hardship hearing, contact our specialist motoring law team today. We have a proven record of achieving successful outcomes, even at short notice.