Exceptional Hardship Solicitors
Our solicitors and barristers are highly experienced at representing clients who are facing a driving ban, but are claiming Exceptional Hardship. This will require an Exceptional Hardship Application.
Our team of skilled and highly Qualified Motoring Defence Solicitors have a wealth of experience in preparing and successfully arguing exceptional hardship applications before the Magistrates’ Court which has resulted in many of our clients avoiding a mandatory Totting-Up / Penalty Points Driving Ban. If you are in a position where you are facing a disqualification because of the accumulation of 12 or more points, call our lawyers on 03452229955 or complete our Contact Form to receive a no obligation initial telephone assessment of your case.
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We understand that losing your driving licence can have an adverse impact on your career, family life, dependants and finances, and for that reason specialist legal advice should be sought at an early stage to provide you with the best chance of avoiding a driving ban.
The Sentence Without Exceptional Hardship Arguement
Motorists can accumulate up to 11 penalty points on their driving licence in a three-year period however, if the number of points reaches or exceeds 12, the Magistrates’ Court will impose a driving disqualification of at least 6 months. This is known as ‘Totting-Up’ or a Penalty Points Disqualification. A lengthy driving ban will cause some people significant difficulties and the Criminal Justice System allows for Exceptional Hardship Arguments to be made before the Court, which if successful will avoid the mandatory 6-month disqualification.
We regularly and successfully present such applications at Magistrates’ Courts throughout England and Wales. Our solicitors are available to represent you anywhere in the country and can prepare and present your case before the Court.
Almost every motorist that loses their licence is likely to suffer some type of ‘hardship’. This could be in the form of difficulties to the family, such as collecting the children from school or driving to the shops. Another aspect could be difficulties in travelling to and from work. It is important to understand that these are everyday tasks and every disqualified driver would experience these issues in daily life.
The Court imposes a driving disqualification as a punishment and under Section 35(4)(b) Road Traffic Offenders Act 1988 it is expressly prohibited from considering anything other than what is known as ‘exceptional hardship’.
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Exceptional Hardship Arguments
For your personal circumstances to qualify under this, the difficulties a driving ban would cause must be more than normally suffered by other defendants in your position.
A driving ban will put many people at a high risk of losing their job, whether this would be accepted by the Court to issue discretion would be based on personal and individual circumstances.
To be successful with the application, a defendant must convince the Court, on the balance of probabilities that the ban would result in hardship which is exceptional. The burden of proving this rests with the defendant. It is crucial to understand that the Court must ban the driver for a minimum of 6 months if it is not convinced by the application and personal circumstances.
If this application is made, the Court will consider the effects of a disqualification on other people. These third parties are effectively innocent of any offence or wrongdoing and would essentially be punished if the driver were to be banned.
Appointing our experienced solicitors is recommended as we can prepare the case and provide you with the right legal advice to enhance your chances of achieving a positive outcome.
AGREED FEE DRIVING OFFENCE LAWYERS
Our Agreed Fees for Motoring Offence cases start from;
£1000 + VAT
The Options Available to You
If you find yourself in this situation, you essentially have two options you can either choose to make an application to the Magistrates’ for Exceptional Hardship or you can decide not to. If you decide not to make the application, you will automatically receive a driving ban of at least 6 months.
There is no disadvantage in making an exceptional hardship argument, and for that reason we would usually recommend making the application if you find yourself appearing before the court as a ‘totter’.
How to Prepare Your Case
A successful case is created through preparation and by appointing excellent legal representation. The focus of the case will need to be around you and your personal circumstances, not the driving offence.
All relevant personal and professional information will need to be put before the court to give you the best opportunity to save your licence.
In preparing your case, we will take a detailed statement from you and will identify evidence which is required to support our submissions. We have substantial experience in these types of hearings and frequently represent drivers across the country daily.
The court is frequently presented with motorists explaining that they will lose their job if given a ban, this is a valid point, however it will need a substantially more compelling and convincing argument as to why they should not impose the mandatory disqualification.
Why Choose Kang & Co Solicitors
- Recognised as a Best Rated Motoring Law Firm
- Only Qualified Solicitors and Barristers working on client files: We guarantee our clients that their case will only ever be dealt with by a qualified solicitor or barrister from start to finish. We do not have any legal assistants or paralegals learning on your case.
- Face to Face Meetings: We take the time to understand the individual needs and requirements of all our clients and offer meetings in person at our offices in Birmingham, Milton Keynes or London.
- Fixed Fees: We offer Fixed Fees for most motoring law cases, so that you will know exactly how much the case will cost.
- 5 Star Law Firm: Our clients frequently leave positive 5 Star reviews of our service and representation on Google Reviews, Trustpilot and Yell.
- High Profile Clients: Due to our expertise and specialism within road traffic offences, we frequently represent many high-profile clients, including sports personalities, actors, politicians and business owners.
- National Coverage: with our offices strategically located in Birmingham City Centre, Milton Keynes and at 5 Chancery Lane in London, we are ideally located to represent clients across the country.
- Honest Legal Advice: We don’t advertise misleading, inaccurate and false success rates on our website, like many other law firms such as ‘97% Success Rate!!!’ to secure new clients. We provide honest and ethical advice to all our clients throughout. The success of a case will be based on an individual basis, the circumstances of the case and the evidence.
- Tailored Approach: Our solicitors understand that each client is an individual, with individual circumstances and we take the time to understand the needs of each client so that we can provide a tailored service.
A case for exceptional hardship must be made in person at Court, this can be a difficult and frightening experience for people who are not familiar with the Courts or Criminal Justice System.
The precise procedure varies slightly between each Court. A defendant may be required to take an oath and give live oral evidence before the Magistrates’ or District Judge of his / her circumstances. This evidence is usually cross-examined by the Prosecutor, Magistrates or Judge to determine exactly how ‘exceptional’ the hardship really is.
We have a wealth of experience in this area and have the appropriate knowledge of the various grounds that can be put before the Court.
What would qualify depends on personal circumstances. However, the following are some grounds which have been used on previous cases:
- Impact on family members or dependants
- Personal / financial implications
- Impact on business – If your business would be placed at risk due to a ban
- Inability to care for elderly/disabled relatives
- Impact on charity involvement – if it would prevent you from continuing your charity / community activities
- Loss of employment – if you need to drive as part of your career and have financial dependents who would suffer if you became unemployed
- Impact on other staff – if the driver is a business owner or manager and being disqualified would have a negative effect on employees or colleagues
- Loss of home – If the defendant would lose their home because of financial difficulties
Mr Kang who met with me and Mr Wheeler who represented me in court were brilliant, could not have survived the experience without them! Not sure how anyone could, as I, approach an experience like this was for me, a first time appearance in court without seeking help, advice and representation from a lawyer/s such as these two great examples.
I would highly recommend Kang & Co Solicitors. Manjinder Kang helped me in a difficult situation and nothing was too much trouble.
Professional from start to finish. High attention to detail within my case despite it being very clean cut charge wise. Highly recommended.
I had 11 Taco graph for infringements was Advised to use Kang and Co was contacted straightaway by Manjinder Kang who was very professional and straightforward got working on my case immediately. I was made fully aware of what The consequences was and looking at sentence keep me updated all the time. Very prompt and professional company.
Excellent service delivered by a dependable team. Found them online and no regrets with the quality of representation they offered throughout the case. Always arrived early and ensured good communication at every stage of representation. Corporate service but no hidden charges so you know what you can afford right from initial meeting.
An extremely professional service – full and honest appraisal of situation and a positive outcome. Highly recommend!
I highly recommend Kang & Co Solicitors. From the outset communication was excellent. Manjinder Kang was very professional, polite and showed the highest level of integrity throughout the process. Thank you for the representation in court, which was a must.
The preparation on my case was second to none, this began from the moment I contacted Manjinder Kang and his team, and they were very proactive to look into my case ASAP. The quality of representation in Court at Court was excellent, I was assigned with a Barrister, and someone who had extensive experience in this field. The outcome of your case 6 points, although I was expecting a ban as minimum.
Manjinder Kang was absolutely fantastic and i could not have had better representation during my case. I have already recommended his firm to all my contacts for any issues relating to road transport law.
On my court date I was assured by a great barrister everything would be done in my best interests and it was – we got the result I needed. I was so impressed by the swiftness of this company really hassle free – kept up to date with everything.
Very clearly explained the process, took his time over getting a very clear and accurate history of events and mitigation. Barrister on the day was well prepared, went over key mitigation and presented it well in court, an excellent advocate. Barrister clearly explained possible outcomes and most realistic outcome. Excellent service from initial contact to finishing the court case. Would recommend to anyone.
The whole process was very easy and professional from start to finish. All my questions were answered in a way I could understand and I always felt reassured. I got the least sentence I could have imagined due to all of your help and I am very satisfied because of this. Thank you for your help throughout.
I would like to say firstly a Big Thank you to Kang and Co especially Mr Manjinder Kang Solister and Mr Thomas Wheeler Barrister an excellent job done. They both know the laws and the perfect outcome. I feel that to have the best is to get the best and this company definitely fits this.
Kang & Co Solicitors are very efficient and punctual. They went out their way with their services. My friend recommended them and I will indeed do the same. Excellent quality. Anything I didn’t understand was explained to me. They went out of their way with very short notice for the work I required.
An Excellent Service, Mr Kang is a highly sought solicitor. Very knowledgable about the subject to hand , and extremely confident with the advice given to me at the time of a stressful situation.
I would recommend Kang and Co Solictors above any other company I’ve spoken too. Above all I got the outcome I desired based upon Mr. Kang expertise.
Kang & Co are worth every penny. I have had a very good experience with these solicitors, helping me reduce my inevitable driving ban to as low as I could of possibly wished for.They were very supportive throughout the entire process and I owe them a big thank you for helping me to retain my job.
I would highly recommend using Kang & Co Solicitors. I received high quality services for the duration of my case, with the right level of honesty and reassurance. All advice provided was extremely clear and Mr Kang always went above and beyond to ensure that I had fully understood any matters discussed.
The combination of hard work, expertise and commitment to achieve the best possible result ended up in my acquittal at trial. I believe instructing Kang & Co. at the time that I did made all of the difference in securing a successful outcome. I would definitely recommend Kang and Co. if you need legal representation.
From start to finish they kept me in the loop and was very straight to the point which I liked, not leading you on that you get with other firms. One firm I would highly recommend and I would very much be using in the future if needed. Thank you to Mr. Kang and his team .
Excellent service that we received from Kang & Co Solicitors. Advice was done methodically and easy to understand with a great result. Thank you.
For personal service, security and efficiency I recommend Kang & Co. A complete service with the comfort of a clear and understandable process directed by high quality staff.
I was summonsed for a speeding offence on the M6 toll where the speed recorded was essentially an automatic disqualification. I pleaded guilty and engaged the services of Kang and Co to plead my case not to be disqualified from driving. My outcome was positive and I retained my licence. I would recommend Kang and Co to anyone who has the need for Legal Representation.
My licence was going to be revoked and i was considering representing myself in Court and a family member recommended contacting Kang & Co. I then weighed up using a specialist firm or representing myself and made the right choice. Chris Hopkins who represented me in court was very supportive and professional. He done his utmost to get me the best outcome and delivered.
A very straightforward process with minimal stress, given the circumstances. I was listened to, my questions were answered clearly and I was advised of the best and worst case scenarios right from the start. I was very pleased with my representation and the outcome achieved was points and a fine as opposed to a disqualification.
I cannot thank Manjinder for all the help and support he gave us prior to and up to my husbands court date. This could of been a very testing time should my husband not have won his case. Special thanks to Mr Shoker who was fantastic on the day.
I have previously dealt with Carla Riozzi at Kang & Co and would highly recommend her. She was professional and knowledgeable about the law. She kept me up to date with my case and I found her very approachable. I would definitely instruct this firm again. Thank you for your assistance.
We required advice and representation at a Public Inquiry with the Birmingham Traffic Commissioner and appointed Manjinder of Kang & Co after reading an article that he had published on Transport online. He achieved the best possible outcome for us at the Inquiry – our license was not revoked and our fleet was not curtailed.
I found Kang & co a real help when my son found himself the wrong side of the line with a driving offence, they were honest and straight taking and helped my son revive the best outcome in a really bad situation he found himself in,I would honesty recommend these guys when you find yourself in trouble.
An exceedingly competent, professional and dedicated practice lead from the front by Manjinder Kang. In my experience, it is often very difficult to find a professional organisation that truly delivers on their promise of expertise,quality of service, compassion and dedication to their client. I would not hesitate in recommending Kang & Co Solicitors.
We were very pleased with their service & if ever we needed a solicitor in the future we would definitely use Kang & Co Solicitors.
Some Recent Related Cases
Below you will find a selection of case studies from some most recent driving cases of which we were appointed to represent a client.
Our Motoring Solicitors
A driving disqualification can have a significant detrimental impact on employment, family life and social life. Many people tend to take driving for granted, however, if you are facing a penalty points disqualification, there is a high risk that you will be banned from driving, which could result in unemployment, which in turn may transpire into difficulties in paying the mortgage/household bills and family disputes.
Our driving lawyers have a strong record of successfully advancing arguments to avoid the imposition of a ban.
If you are at risk of losing your licence and would like to make an exceptional hardship application to save your driving licence, contact our experienced driving offences solicitors on 0345 222 9955 or fill out our enquiry form below.
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