Totting up ban solicitors for 12-point exceptional hardship cases
If you reach 12 or more penalty points, the court normally considers a totting up disqualification. An exceptional hardship argument may help you avoid or reduce a ban, but it must be supported by evidence and focused on the impact on others, not only inconvenience to you.
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Our motoring law solicitors prepare exceptional hardship applications for private clients across England and Wales. We help gather evidence, structure the argument and present your case clearly at court.
Our guide on keeping your licence at 12 points without a ban explains exactly what the court expects to see. Many totting up cases start with a speeding allegation, so our speeding offence solicitors can advise on the underlying offence too.
Scarsdale Solicitors is an SRA-regulated law firm based in Rochdale and representing private clients across England and Wales. Our director, Shazia Ali, has over 20 years of experience in criminal defence and motoring law. We are a paid-services-only firm and do not offer Legal Aid. Every case is reviewed by a solicitor, with fees discussed clearly before you instruct us.
Our clients rate us 4.6 out of 5 from 258 Google reviews. Refresh the review count before publishing if the live Google Business Profile has changed.
Totting Up Ban Solicitors: Expert Exceptional Hardship Defence Nationwide
Facing a totting up ban after accumulating 12 penalty points on your driving licence? At Scarsdale Solicitors, we are specialist totting up ban solicitors who defend drivers against 6-month driving bans across England and Wales, with a proven high success rate in motoring offence cases. Moreover, our totting up ban solicitors have successfully saved hundreds of licences through compelling exceptional hardship arguments.
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What is a Totting Up Ban?
A totting up ban is a mandatory 6-month driving disqualification imposed when a driver accumulates 12 or more penalty points within a 3-year period under Section 35 of the Road Traffic Offenders Act 1988. Specifically, this applies regardless of the nature of the individual offences that led to the points accumulation.
Importantly, the consequences of a totting up ban extend far beyond the 6-month disqualification period:
- Your driving licence endorsement code TT99 remains visible to insurers for 4 years
- Car insurance premiums can increase by 200-500% for years after the ban
- Many mainstream insurers refuse cover for drivers with TT99 endorsements
- Employment loss for those requiring a driving licence
- Severe impact on family life and caring responsibilities
Furthermore, if you received a previous driving ban of 56 days or more within the relevant 3-year period, the totting up ban increases to 12 months rather than 6 months. Additionally, if you have had two disqualifications of 56 days or more in the preceding three years, the totting up ban extends to 2 years.
However, there is hope. Therefore, with expert legal representation from experienced totting up ban solicitors, many drivers successfully avoid disqualification entirely through exceptional hardship arguments.
Speak to a motoring offence solicitor
If you have received a charge, court summons, postal requisition or police request for information, get advice before you respond. We can explain the allegation, the likely penalty, whether there is a defence, and what it may cost to be represented.
Book your free confidential consultation! Or call 0161 660 6050.
Understanding the Law: Section 35 Road Traffic Offenders Act 1988
Section 35 of the Road Traffic Offenders Act 1988 governs the totting up disqualification provisions. Specifically, our totting up ban solicitors have extensive knowledge of this legislation and how to challenge its application through exceptional hardship arguments.
When Does Totting Up Apply?
The totting up provisions apply when:
- You accumulate 12 or more penalty points within a 3-year period
- The points are calculated from offence date to offence date, not from when the case reaches court
The court must impose a minimum 6-month ban unless exceptional hardship is proven
How Points Are Calculated
Importantly, understanding how penalty points are calculated is crucial for totting up ban cases:
- The relevant period is 3 years from the date of the earliest offence to the date of the latest offence
- Points expire 3 years from the date of conviction for totting up purposes
- Points remain on your DVLA record for 4 years from the date of the offence
Insurers consider endorsements for 5 years from the date of conviction
Common Myths About Delaying Court Cases
Many people mistakenly believe they can delay their court hearing until penalty points expire. However, this is incorrect. Moreover, the court will consider the number of points that were live on your licence at the time of the most recent offence, not at the time of the court hearing.
For example, if you had 9 points that were all less than 3 years old at the time of the latest allegation, delaying the case for a year until some points expire will not help you avoid a totting up ban. Therefore, this tactic does not work.
Increased Ban Periods for Repeat Offenders
Under Section 35(3) of the Road Traffic Offenders Act 1988:
- If you have one previous ban of 56 days or more within 3 years: the totting up ban increases to 12 months
- If you have two previous bans of 56 days or more within 3 years: the totting up ban increases to 2 years
Consequently, the penalties escalate significantly for repeat offenders, making expert legal representation even more critical.
Why Choose Scarsdale Solicitors for Failing to Provide Defence?
“No Stone Unturned” Case Preparation
Our totting up ban solicitors are known for our comprehensive approach:
- Detailed initial consultation exploring every aspect of your circumstances
- Thorough evidence gathering from all relevant sources
- Strategic case planning tailored to your unique situation
- Meticulous preparation of witness evidence and documentation
Involvement at every step – if you want us to, or hands-off service if preferred
Transparent Pricing, No Hidden Costs
Fixed fees for straightforward cases
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Free initial consultation for all clients
Payment plans available
Personalised, Compassionate Service
We know this is likely your first encounter with the criminal justice system. We provide:
Clear, jargon-free explanations
Regular updates on your case
Evening and weekend appointments
- Multilingual support (English, Urdu, Punjabi)
Rapid Response Times
Guaranteed call back within 30 minutes during office hours
24/7 availability for urgent matters
Immediate case assessment
Nationwide Representation
While based in Rochdale, we represent clients across England and Wales in all magistrates’ courts and Crown Courts.
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Totting up ban FAQs
Understanding offences and process helps you make informed decisions about your future.
What is a totting up ban?
A totting up ban is a driving disqualification considered when a driver reaches 12 or more penalty points within three years.
Can exceptional hardship avoid a ban?
It can, but it is not automatic. The court looks for evidence of exceptional hardship, especially hardship affecting family members, employees, employers or vulnerable people who rely on you.
What evidence do I need?
Evidence may include employment documents, financial records, medical evidence, caring responsibilities, business impact evidence and witness letters. The exact evidence depends on your circumstances.
Don't Face a Totting Up Ban Alone - Contact Scarsdale Solicitors Today
A 6-month driving ban can have devastating consequences for you, your family, and your career. However, with expert legal defence from experienced totting up ban solicitors, many drivers successfully avoid disqualification entirely through compelling exceptional hardship arguments.
At Scarsdale Solicitors, we’ve helped hundreds of clients across England and Wales save their licences despite reaching 12 or more penalty points. Moreover, our high success rate in motoring cases, combined with over 20 years of specialist experience, means you’re in the safest possible hands.
Testimonials
Real stories from clients who trusted us with their most important cases. Your peace of mind is our greatest testimonial. Read what our clients share about their journey with us.
I would like to thank Shazia and the Scarsdale team. Super efficient, fast responding and knew exactly what to do in the situation I was in. Highly recommend for any immigration needs