Totting Up Solicitors

Kang & Co Solicitors is recognised as a leading law firm in the UK by Chambers and Partners and The Legal 500 law guides for motoring defence.

What is Totting Up Ban

A totting-up driving ban occurs when a motorist accumulates 12 or more penalty points upon their driving licence. As an example, a motorist may have 9 active penalty points on their driving licence and then the motorist commits a further offence such as speeding for which the Court may impose a further 3 penalty points. This will result in a total of 12 penalty points. Once a motorist accumulates 12 or more active penalty points, the Court will impose a totting-up ban (driving disqualification). This is sometimes referred to as a being a ‘totter’.

Once a motorist receives a ‘totting up’ driving ban, the Court will impose the statutory period of a penalty points disqualification, which is a minimum period of 6 months driving disqualification.

The minimum period ban will be 12 months if there has been a previous disqualification for a period of 56 days or more imposed within the past 3 years.

How to Avoid a Totting Up Ban (Penalty Points Disqualification)

A totting up ban can be avoided if an exceptional hardship application is accepted by the Court. An exceptional hardship application is more likely to be successful if it is assessed and advanced by a highly skilled and experienced motoring offence solicitor.

Commencement of Disqualification

If you appear in the Magistrates Court as a ‘totter’ and either do not make an exceptional hardship application or are unsuccessful with the exceptional hardship application, the driving disqualification will have an immediate effect. If you are appearing in Court as a ‘totter’ you should either attend using public transport or have arrangements for your vehicle to be driven back home. This is because the disqualification will be imposed immediately.