Exceptional Hardship Appeal

Losing your licence as a result of the totting-up procedure can have devastating consequences – the loss of employment, the breakdown of businesses, difficulties caring for dependants and restrictions on personal mobility. For many drivers, the only possible route to avoiding disqualification is by advancing an exceptional hardship application.

However, these applications are notoriously difficult. The guidelines are strict and deliberately designed to make “exceptional” a high bar. It is not enough to say that you will lose your job, your income, or that your family will be placed under pressure – the court recognises that these outcomes are common and are part of the deterrent effect of the law.

Unrepresented applicants often struggle with the evidential requirements. We often observe applications in court being declined due to poor presentation and ineffective representations. It is not unusual for magistrates’ courts to hear a series of self-represented applications, with only a small minority being granted.

But a refusal is not necessarily the end of the road.

Automatic Right to Appeal

If your application is refused, you have an automatic right of appeal to the Crown Court. This is a full rehearing of your case, where all of the arguments and evidence can be presented afresh.

• Suspending Disqualification: Under Section 39 of the of the Road Traffic Offenders Act (RTOA) 1988, You may apply to have your disqualification suspended pending the outcome of your appeal. This means you may be able to continue driving until the Crown Court has made its decision. In determining whether to suspend disqualification, the magistrates will consider criteria such as:

  • public safety,

  • the interests of justice,

  • whether it is appropriate to suspend the ban,

  • whether the grounds of appeal are arguable (and not frivolous) and have prospects of success.

    
    

• The magistrates have a discretion, not a duty, to suspend. If they refuse, the appellant can apply to the Crown Court directly for suspension.
  

• The suspension lasts until the appeal is decided or withdrawn.
  

• Time Limit: A Notice of Appeal must be lodged within 21 days of conviction. This should include the grounds for your appeal and any evidence that was not considered at the original hearing. In practice, the application must be made at the same hearing where the disqualification is imposed (or very shortly after).
  

What Happens at a Crown Court Appeal?

Your case will be heard by a Crown Court judge and two lay magistrates who did not hear the original application.

The decision is made by a majority, which means the two magistrates could technically outvote the judge. In practice, however, Crown Court judges tend to dominate proceedings. Judges are less sympathetic to personal circumstances and focus strictly on whether the hardship is truly exceptional. Emotion and sympathy are set aside in favour of legal principle.

This makes the appeal process far more demanding than the initial application. Specialist representation is critical. A criminal defence expert be able to advise on your prospects and how best to prepare the evidence, present the arguments and give you the best possible chance of success.

A Word of Caution

It is often easier to secure a finding of exceptional hardship in the Magistrates’ Court. Magistrates are not legally trained and may be more likely to empathise with the day-to-day impact that disqualification has.

By contrast, appeals in the Crown Court are more legally rigorous and less influenced by sympathy. Success is possible, but only with strong preparation and persuasive advocacy.

Next Steps

If you are facing a totting disqualification and considering an exceptional hardship application – or if your application has already been refused – you should act quickly. The deadlines are strict, the arguments are technical, and the stakes are high.

At LMP Legal Limited, our team of experienced motor lawyers have represented countless drivers in both Magistrates’ and Crown Court proceedings. We can assess your case, prepare the necessary evidence, and fight to keep you on the road. Contact us for more information.