Totting Up Ban - What Happens When You Reach 12 Points
Facing a totting up ban? Understand how 12 points lead to disqualification and how exceptional hardship arguments can save your licence. Free consultation.a
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Twelve points on your licence means a totting up ban. That’s the rule. Accumulate 12 or more penalty points within three years, and you face mandatory disqualification for at least six months.
For many drivers, a totting up ban comes as a shock. A series of minor offences, each with just 3 points, suddenly adds up to something that threatens their job, their independence, and their daily life.
But here’s what you need to know: a totting up ban isn’t always inevitable. The law allows drivers to argue exceptional hardship to avoid disqualification. Courts have discretion. The right legal help can make the difference between keeping your licence and losing it for six months or more.
At Scarsdale Solicitors, we’ve helped hundreds of drivers facing totting up bans. Some avoid disqualification entirely. Others receive reduced bans. We know how these cases work and what arguments succeed.
Facing 12 points? Call +44 (0) 161 660 6050 for urgent advice about your totting up ban.
How the Totting Up System Works
The totting up rules come from the Road Traffic Offenders Act 1988. The system is designed to remove repeat offenders from the road.
The Basic Rule
When you reach 12 penalty points within any three-year period, courts must disqualify you from driving. The disqualification is mandatory, not discretionary. Magistrates have no choice but to impose a totting up ban unless exceptional hardship is established.
The Three-Year Window
Points count towards totting up for three years from the date of the offence, not the date of conviction. This distinction matters. If your earliest offence was on 1st June 2023, any points from that offence stop counting towards totting up on 1st June 2026.
Counting Your Points
Add up all penalty points from offences committed within the last three years. If the total reaches 12 or more, you face a totting up ban. Courts look at offence dates, not when you received the points or when convictions happened.
Minimum Ban Periods
The minimum totting up ban depends on your history:
- First totting up ban: 6 months minimum
- Second totting up ban within 3 years: 12 months minimum
- Third or more within 3 years: 24 months minimum
These are minimums. Courts can impose longer bans if they consider it appropriate.
When a Totting Up Ban Applies
Not every combination of points triggers totting up. Understanding when the rules apply helps you know where you stand.
The Trigger Point
A totting up ban only becomes relevant when a new conviction would take you to 12 or more points. If you already have 9 points and you’re convicted of an offence carrying 3 points, that conviction triggers the totting up procedure.
Offences That Carry Points
Most motoring offences carry between 3 and 11 penalty points. Common examples:
- Speeding: 3-6 points
- Using a mobile phone while driving: 6 points
- Careless driving: 3-9 points
- Running a red light: 3 points
- Driving without insurance: 6-8 points
Each offence adds points to your running total. When the next conviction pushes you to 12 or more, you face a totting up ban.
Fixed Penalty Points
Points from fixed penalty notices (speed camera tickets, for example) count the same as points from court convictions. Whether you accepted a fixed penalty or went to court, the points accumulate identically toward a totting up ban.
Multiple Offences on the Same Occasion
If you commit several offences arising from a single incident (say, speeding and using a mobile phone at the same time), the court only endorses points for one offence. This prevents unfair cumulative punishment from one driving episode.
However, if you commit separate offences on different occasions, each one counts fully toward a potential totting up ban.
Worried about your points total? Check your licence at gov.uk or call +44 (0) 161 660 6050.
What Happens at a Totting Up Ban Hearing
If your latest conviction would take you to 12 points, the court must consider disqualification. Here’s what happens.
The Court Process
When you appear for the offence that triggers totting up, the prosecutor informs the court of your existing points. The magistrates then consider whether a totting up ban applies.
At this point, you have two options:
- Accept the ban. The court imposes the minimum period (or longer if appropriate), and you lose your licence.
- Argue exceptional hardship. You ask the court not to disqualify you because doing so would cause exceptional hardship.
If You Accept the Ban
The court announces the disqualification period. Your licence is taken by the court. The totting up ban starts immediately. You cannot drive until the disqualification period ends and you’ve re-applied for your licence.
If You Argue Exceptional Hardship
You present evidence to the court showing why disqualification would cause hardship beyond the ordinary consequences of losing your licence. The court decides whether to exercise its discretion not to impose a totting up ban.
If successful, you keep your licence, but the 12+ points remain on it. If unsuccessful, the totting up ban is imposed.
Exceptional Hardship: Avoiding a Totting Up Ban
Exceptional hardship is the only way to avoid a totting up ban. Understanding what courts accept (and reject) determines whether this argument works for you.
What Is Exceptional Hardship?
Exceptional hardship means hardship going beyond what any driver losing their licence would normally experience. Everyone faces inconvenience when banned. That’s not exceptional. You need something more severe or unusual.
The word “exceptional” is the key. Courts expect losing your licence to be difficult. They’re looking for circumstances where a totting up ban would be disproportionately harsh given your particular situation.
What Counts as Exceptional Hardship
- Job loss with no alternatives. Not just “I need to drive for work” but “I will definitely lose this specific job and cannot find comparable employment without driving.”
- Third parties depend on you. Elderly parents needing transport to medical appointments. Disabled family members without alternatives. Children who would lose educational opportunities.
- Employees who would lose their jobs. If you run a business and a totting up ban would force redundancies, the employees’ hardship counts.
- Medical needs. You or dependants requiring transport for treatment that cannot be accommodated by public transport or other arrangements.
- Unique circumstances. Factors specific to your situation that make a totting up ban unusually severe compared to most drivers.
What Doesn’t Count
- Ordinary inconvenience. Having to use buses, taxis, or get lifts.
- Career progression impacts. Temporary setbacks that don’t amount to actual job loss.
- General financial difficulty. Higher transport costs or reduced income.
- Impact on lifestyle. Not being able to visit friends easily or attend social events.
These are things everyone who loses their licence experiences. They’re the expected consequences, not exceptional hardship.
Evidence for Exceptional Hardship Arguments
Successful exceptional hardship arguments require solid evidence. Courts hear these claims regularly and can spot weak cases immediately.
Employment Evidence
If job loss is part of your totting up ban defence, gather:
- Employer letter. Written confirmation that you will be dismissed if disqualified, not just that driving is preferred or convenient.
- Evidence that the role requires driving. Job description, employment contract, explanation of duties.
- Proof that alternatives don’t exist. Documentation of job searches, evidence that comparable non-driving roles aren’t available.
- Financial impact evidence. What does losing this job mean for your finances, mortgage, and dependents?
Third-Party Evidence
If others depend on your driving:
- Medical records. Documentation of health conditions requiring transport to appointments.
- Letters from doctors. Explaining why public transport isn’t suitable and why you need to provide transport.
- Statements from dependants. The affected people are explaining their situation and the impact on them.
- Evidence that alternatives aren’t viable. Why can’t taxis, public transport, or other drivers meet the need?
Business Evidence
If a totting up ban would harm your business:
- Company accounts. Showing the business reality and your role in it.
- Employee records. Who would be affected by business failure?
- Contracts are dependent on you. Work that cannot be completed without your driving ability.
- Expert evidence. If needed, evidence from accountants or business experts about the likely consequences.
Character References
References supporting your good character help, but are secondary to specific hardship evidence. Referees should know about your situation and still vouch for you.
Need help gathering evidence? Call +44 (0) 161 660 6050 to discuss your case.
The Court's Decision on Exceptional Hardship
Courts have genuine discretion on exceptional hardship. The decision isn’t automatic either way.
Factors Courts Consider
- Is the hardship truly exceptional? Does it go beyond what any driver would experience?
- Is the evidence credible? Are the claims supported by documentation?
- Are there alternatives? Could the hardship be mitigated by other arrangements?
- Is the driver’s situation self-created? Did they continue offending despite knowing the risks?
- How many times has this argument been used? Previous exceptional hardship arguments affect current applications.
If the Court Accepts Exceptional Hardship
You keep your licence. The points remain on it, meaning you’re immediately at risk of totting up again from any further offence. The court may give a warning about future conduct.
If the Court Rejects Exceptional Hardship
The totting up ban is imposed. The minimum period applies unless the court decides a longer ban is appropriate. Your licence is taken, and you cannot drive until the ban ends.
The Three-Year Rule on Exceptional Hardship
If you successfully argue exceptional hardship, you cannot rely on the same circumstances again within three years. The Road Traffic Offenders Act specifically prevents repeat use of the same hardship grounds.
This means if job loss saves you from a totting up ban in 2024, you can’t use job loss again until 2027. You’d need entirely different exceptional hardship circumstances for any subsequent totting up situation within that period.
After a Totting Up Ban
If you receive a totting up ban, here’s what happens next.
During the Ban
Your licence is physically taken by the court. You cannot legally drive any motor vehicle during the disqualification period. Driving while disqualified is a serious criminal offence that can result in imprisonment.
When the Ban Ends
Your totting up ban disqualification ends at midnight on the final day of the ban period. Courts count from the date the ban was imposed.
Getting Your Licence Back
After a totting up ban, you apply for a new licence. For standard totting up bans, there’s no automatic extended driving test requirement, though courts have discretionary power to order a retest if they consider it appropriate. Complete form D1 and pay the licence fee to get your licence back.
Your Points After Totting Up
Here’s something many people don’t realise: a totting up ban “wipes” your licence of points. You return with a clean slate. The points that triggered totting up don’t carry forward after the ban ends.
This is the one silver lining of a totting up ban. You start fresh rather than immediately being at risk of another ban.
Timing and Strategy for Totting Up Cases
When you know you’re approaching 12 points, strategy matters.
Monitoring Your Points
Check your driving licence record through the gov.uk View Driving Licence service. Know exactly how many points you have and when each offence occurred. Understanding your position helps you make informed decisions about a potential totting up ban.
The Offence Date Matters
Points count towards totting up for three years from the offence date. If old points are about to expire, the timing of your court appearance could make the difference.
For example, if you have 9 points from an offence on 15th March 2023, those points stop counting on 15th March 2026. If your new offence court date can be delayed past that date, you might avoid a totting up ban entirely.
This isn’t always possible, and courts don’t grant adjournments just for strategic convenience. But where legitimate reasons for delay exist, timing can be significant.
Pleading Decisions
If you’re facing an offence that would trigger a totting up ban, consider whether to plead guilty or not guilty carefully.
Contesting a case you’ll probably lose just delays the inevitable while adding stress and cost. But if you have a genuine defence, fighting the case could avoid the points entirely.
Similarly, accepting a speed awareness course (where offered) means no points at all, avoiding the totting up ban trigger. Check eligibility carefully.
Need strategic advice on your case? Call +44 (0) 161 660 6050.
Common Totting Up Scenarios
Understanding typical situations helps you assess your own position.
Scenario 1: Multiple Speeding Offences
The driver has 9 points from three speeding offences over two years. A fourth speeding offence adds 3 points, triggering a totting up ban. The driver argues they need their licence for work.
Outcome: Unless there’s genuinely exceptional hardship (not just work inconvenience), a six-month totting up ban is likely.
Scenario 2: Professional Driver with Family Responsibilities
HGV driver has 10 points. A mobile phone offence adds 6 points. They would lose their job and have no equivalent income available. Elderly mother depends on them for hospital transport.
Outcome: Strong, exceptional hardship case. The combination of definite job loss, no alternatives, and third-party dependency may persuade the court to avoid a totting up ban.
Scenario 3: Business Owner with Employees
A self-employed electrician employs three people. Reaching 12 points would mean losing major contracts, business failure, and staff redundancies.
Outcome: The employees’ hardship (not just the driver’s) counts. With proper evidence, this can succeed in avoiding a totting up ban.
Scenario 4: Previously Used Exceptional Hardship
The driver successfully avoided a totting up ban two years ago using job-loss arguments. Now facing totting up again from the same job situation.
Outcome: Cannot use the same grounds within three years. Must present completely different hardship circumstances or accept the totting up ban.
How Scarsdale Solicitors Can Help With Totting Up Bans
We’ve represented hundreds of drivers facing totting up disqualification. Our approach focuses on achieving the best realistic outcome.
Case Assessment
We review your points history, the triggering offence, and your personal circumstances. We tell you honestly whether exceptional hardship is likely to succeed in your totting up ban situation.
Evidence Preparation
We help you gather the evidence needed for a strong, exceptional hardship argument. We know what courts require and ensure your documentation is comprehensive for defending against a totting up ban.
Court Representation
We present your exceptional hardship case in court, handling the legal arguments and responding to magistrates’ questions. Professional advocacy significantly improves your chances of avoiding a totting up ban.
Realistic Advice
Not every exceptional hardship argument succeeds. If your totting up ban case is weak, we tell you. If accepting the ban and planning for it makes more sense than fighting, we explain why.
Why Choose Scarsdale Solicitors for Totting Up Cases?
Shazia Ali and our team have over 20 years’ experience in motoring law. We handle totting up ban cases regularly and know what works.
- Specialist expertise. Motoring law is our focus. We understand the points system, the law on exceptional hardship, and how courts approach totting up ban cases.
- Nationwide coverage. We represent clients in Magistrates’ Courts across England and Wales.
- Honest assessment. We evaluate your totting up ban case realistically and don’t promise outcomes we can’t deliver.
- Fixed fees available. For straightforward totting up ban cases, we offer fixed-fee representation.
Contact Scarsdale Solicitors today:
Phone: +44 (0) 161 660 6050
Address: 54 Drake Street, Rochdale, OL16 1PA
We represent clients nationwide across England and Wales.
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Frequently Asked Questions About Totting Up Bans
Understanding offences and process helps you make informed decisions about your future.
A totting up ban is triggered when you reach 12 or more penalty points within a three-year period. The ban is mandatory unless you successfully argue exceptional hardship. Even one point over 12 (such as 13 or 15 points) triggers the same disqualification.
The minimum totting up ban is 6 months for a first offence, 12 months if you've been banned for totting up within the previous three years, and 24 months for a third or subsequent totting up ban within three years. Courts can impose longer bans if appropriate.
Yes, through exceptional hardship arguments. If you can prove that disqualification would cause hardship beyond the ordinary consequences of losing your licence, courts have discretion not to impose a totting up ban. Success requires strong evidence and often professional legal representation.
Exceptional hardship includes definite job loss with no alternatives, severe impact on third parties who depend on your driving, employees who would lose jobs if your business fails, and medical needs that cannot be met otherwise. Ordinary inconvenience or general career impact doesn't qualify as grounds to avoid a totting up ban.
Yes. A totting up ban effectively wipes your licence clean. After the ban ends, you return with zero points. This fresh start is one advantage of completing a totting up ban rather than fighting it unsuccessfully.
Points remain on your driving record for 4 years from the date of conviction. However, they only count towards a totting up ban for 3 years from the date of the offence. The one-year difference can be significant for strategic timing.
Technically, yes, but you need to apply for a new licence first. The totting up ban ends automatically at midnight on the final day. Complete form D1 and pay the licence fee to get your licence back. For standard totting up bans, there's no automatic extended driving test requirement, though courts may order one at their discretion.
If you reach 12 points and don't argue exceptional hardship, or if your argument is rejected, yes. The court takes your licence immediately. If exceptional hardship succeeds, you keep your licence but retain the 12+ points.
Not within three years. The law specifically prevents relying on the same circumstances for exceptional hardship if you've used them successfully before. You need genuinely different grounds for any subsequent totting up ban argument within that period.
Not legally required, but strongly advisable. Exceptional hardship arguments require proper evidence, clear presentation, and knowledge of what courts accept. Professional representation significantly improves your chances of avoiding a totting up ban.
New drivers (within two years of passing their test) have different rules. The DVLA revokes your licence at 6 points, not 12. You'd need to retake your tests. The totting up ban system and exceptional hardship don't apply the same way for new drivers.
Yes. You can appeal to the Crown Court within 21 days if you believe the decision was wrong. Appeals can challenge the magistrates' refusal to accept exceptional hardship. The Crown Court rehears the case fresh.
Driving while disqualified is a serious criminal offence carrying up to 6 months' imprisonment, an unlimited fine, and a further disqualification. You may also receive 6 penalty points (though since you're disqualified, this mainly affects your return to driving).
The underlying driving offences may or may not show on your criminal record, depending on their nature. The totting up ban disqualification itself is a driving record matter. Enhanced DBS checks may reveal driving disqualifications in some circumstances.
You can appeal within 21 days. Alternatively, you can accept the totting up ban, plan for the period without driving, and use the time constructively. The ban will end, and you'll return with a clean licence.
As soon as possible. Evidence takes time to gather, and preparation improves outcomes. If you know you're approaching 12 points, get advice before your court date so you can prepare properly for a potential totting up ban.
Yes, significantly. Insurers will know about your disqualification and the points leading to it. Premiums will increase substantially when you return to driving after a totting up ban. Some insurers may refuse cover entirely.
Courts can impose the minimum (6, 12, or 24 months, depending on history) or longer. Exceptional hardship arguments avoid the totting up ban entirely rather than reducing it. If you're banned, you serve the full period.
Ignorance of the law isn't a defence. Many drivers don't realise how points accumulate until they're facing a totting up ban. This doesn't affect the court's decision. However, genuine ignorance might be one small mitigating factor among others.
No. Courts reject many exceptional hardship arguments because the circumstances don't truly qualify as exceptional. Success in avoiding a totting up ban depends on having genuinely strong grounds and presenting them with proper evidence. Weak arguments don't succeed just because the consequences seem severe.
Facing a Totting Up Ban? Act Now
The sooner you get advice about a potential totting up ban, the better your position. Evidence needs gathering, arguments need preparing, and timing may be relevant to your strategy.
We’ve helped hundreds of drivers facing totting up bans. Some avoid bans entirely through exceptional hardship. Others receive the support and advice they need to manage the ban period.
Whether keeping your licence is realistic in your totting up ban situation or not, you deserve proper advice and effective representation.
Call Scarsdale Solicitors on +44 (0) 161 660 6050 for a free consultation about your totting up ban.
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