Driving Offences — Totting Up
Totting Up & Driving Ban Solicitors in Chester
Reached 12 or more penalty points? Facing an automatic driving ban? Our specialist totting up solicitors present exceptional hardship arguments to protect your licence — and your livelihood.
Wondering if you can appeal a 6 month driving ban, or apply to court to reduce a driving ban? We advise on all options — from exceptional hardship to ban reduction applications.
How Totting Up Works
Under section 35 of the Road Traffic Offenders Act 1988, if you accumulate 12 or more penalty points within a three-year period, the court must disqualify you from driving for a minimum of six months — unless you can demonstrate exceptional hardship.
The three-year period runs from the date of the earliest offence that contributed to the 12 points — not from the date of conviction. This means that even if your most recent offence was minor, it can trigger a ban if it takes you to 12 points.
The exceptional hardship argument is your only route to avoiding the ban. It is not a defence to the offence itself — it is an argument about the consequences of the ban. The burden is on you to prove exceptional hardship on the balance of probabilities.
Minimum Ban Lengths
Act Quickly
If you are approaching 12 points or have already received a court summons for a totting up hearing, contact us immediately. The earlier we can prepare your exceptional hardship argument, the stronger it will be.
What Counts as Exceptional Hardship?
The hardship must be exceptional — not merely inconvenient. The court will consider the impact of the ban on you and on others who depend on you.
Loss of Employment
If you need to drive for work and a ban would cause you to lose your job, this is the most commonly accepted form of exceptional hardship. We will gather evidence from your employer.
Care of Dependants
If you are the sole carer for a child, elderly relative, or disabled person who relies on you for transport to medical appointments or essential activities.
Impact on Others
The hardship does not have to be personal — it can be the hardship caused to others who depend on you. The court considers the wider impact of the ban.
Business Impact
If you run a business that depends on your ability to drive, a ban could cause the business to fail — affecting employees and their families.
Medical Treatment
If you or a dependent requires regular medical treatment that is only accessible by car, this can form part of an exceptional hardship argument.
Rural Location
If you live in a rural area with no public transport and a ban would leave you unable to access work, medical care, or essential services.
Frequently Asked Questions
What is totting up?
Totting up refers to the accumulation of 12 or more penalty points on your driving licence within a three-year period. When you reach this threshold, you face an automatic disqualification of at least six months under s.35 of the Road Traffic Offenders Act 1988.
How many points before a driving ban?
You face an automatic totting up driving ban when you accumulate 12 or more penalty points within a three-year period. The three-year period runs from the date of the earliest offence that contributed to the 12 points — not from the date of conviction.
How long is a totting up ban?
The minimum totting up ban is 6 months. If you have been disqualified once in the preceding three years, the minimum increases to 12 months. If you have been disqualified twice or more, the minimum is 24 months.
Can I appeal a 6 month driving ban?
Yes. You can appeal a driving ban to the Crown Court if you believe the Magistrates Court made an error of law or imposed an excessive sentence. You can also apply to the court to reduce a driving ban after serving half of it. Our totting up solicitors advise on the best approach for your circumstances.
Can you appeal a driving ban?
Yes. A driving ban can be appealed to the Crown Court within 21 days of the Magistrates Court decision. You can also apply to the court to reduce a driving ban once you have served half of it. We advise on whether an appeal or reduction application is the right strategy for your case.
How do I apply to court to reduce a driving ban?
Under s.42 of the Road Traffic Offenders Act 1988, you can apply to the court that imposed the ban to have it reduced once you have served at least half of it. The court will consider whether it is appropriate to remove the disqualification. We can prepare and present this application on your behalf.
What is an exceptional hardship argument?
An exceptional hardship argument asks the court not to impose the totting up ban by demonstrating that the consequences of disqualification would be disproportionate — for example, loss of employment, inability to care for a dependent, or serious impact on others. The hardship must be exceptional, not merely inconvenient.
Can I use the same exceptional hardship argument twice?
No. If you have successfully argued exceptional hardship within the preceding three years, you cannot rely on the same circumstances again. You must demonstrate new or different exceptional hardship.
What evidence do I need for an exceptional hardship argument?
The strength of your argument depends on the quality of the evidence. We will help you gather employer letters, medical evidence, care arrangements, financial evidence, and any other documentation that supports your case.
What happens if my exceptional hardship argument fails?
If the court rejects your exceptional hardship argument, the totting up ban will be imposed. However, we will always advise you honestly on the strength of your argument before the hearing.
Do you advise totting up clients in North Wales?
Yes. We regularly advise clients facing totting up bans across North Wales — including Wrexham, Flintshire, Deeside, Denbighshire, Conwy and Anglesey. We can advise remotely by phone or video call, or you can visit our Chester office which is easily accessible from North Wales via the A55 and A483.
What is the fixed fee for a totting up exceptional hardship argument?
Our fixed fee for a totting up exceptional hardship argument starts from £1,020 including VAT. This covers preparation of your case, gathering evidence, and representation at the Magistrates Court hearing. The exact fee is confirmed in writing before you instruct us.
Transparent Pricing
Fixed Fees for Totting Up & Driving Ban Defence
We publish our fees upfront. Fixed fees are confirmed in writing before you instruct us. All fees include VAT at 20%.
| Service | Fixed Fee (inc VAT) |
|---|---|
| Totting up / exceptional hardship argument | From £1,020 |
| Application to reduce driving ban (s.42 RTOA) | From £600 |
| Crown Court appeal against driving ban | From £1,800 |
Our Team
Speak to a Member of Our Team
Ritesh Chauhan
Consultant Road Traffic Offences Solicitor
Ritesh qualified as a solicitor in 2020 and has since built a focused practice in road traffic law. He regularly presents exceptional hardship arguments to prevent totting up bans — advising on the strength of your argument, gathering evidence, and representing you at the Magistrates Court hearing. He represents clients across Chester, Cheshire, North Wales and throughout England and Wales.
Facing a Driving Ban?
Contact our totting up solicitors in Chester today for a free, no-obligation consultation.
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Your Motoring Defence Journey
What Happens Next — Your Steps After a Motoring Charge
Overview of all road traffic offences we defend — drink driving, speeding, dangerous driving and more.
Exceptional hardship arguments to prevent disqualification at 12+ points.