📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Proposed driving disqual. - Extreme Hardship argument

Options
proformance
proformance Posts: 345 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
Hi

I have received a proposed driving disqual. notice, as my total points exceeded the threshold. 

I have two options for why I "think the court should not disqualify" me:
  1. Request an in-person showdown
  2. Send my reasoning by snail mail
I will be preparing an Extreme Hardship (EH) case as I need to shepherd my father between various hospital and medical appointments, for ailments and conditions that are well-documented

While I think I can produce a cogent EH plea, I wanted to know if the forum thinks/experienced one of the two routes (postal vs in-person) is more successful than the other.

On that basis I believe I can write something more clearly than I could speak, I'm hoping that the postal route is just as, if not more, effective. With that said, I don't want to choose the less favoured route and thus jeopardise my chances of a positive outcome (i.e. maybe the courts deem those who elect the postal route as lazy).

FYI: I do not plan to drive for any other purposes than my Dad's medical engagements; in fact, I think I'd be too scared to.

Thanks!
Z

«134567

Comments

  • Mildly_Miffed
    Mildly_Miffed Posts: 1,607 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    The court is going to want evidence that there aren't alternative methods of transport available to him for these treatments, such as dial-a-ride or public transport or hospital-arranged transport.

    Given the pressures on courts, I'd suggest that insisting on being present carries a risk of them being irate at scheduling/time impositions etc.

    May we ask how you've reached 12 totting-up points? In a very short period, with no chance to modify behaviour?
  • Keep_pedalling
    Keep_pedalling Posts: 20,953 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    You would be better off posting over on the FTLA forum as they specialise in criminal motoring offences. But please read the ‘read this first’ sticky before you post anything.

    https://www.ftla.uk/speeding-and-other-criminal-offences/

    All driving bands cause hardship and as HM pointed out if alternative forms of transport are available you will struggle to avoid a ban.

    I thought that where a ban is a possibility you had no choice about attended as a ban comes into effect right away and if you did not attend you could be driving without knowing you were actually banned. 
  • proformance
    proformance Posts: 345 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    The court is going to want evidence that there aren't alternative methods of transport available to him for these treatments, such as dial-a-ride or public transport or hospital-arranged transport.

    Given the pressures on courts, I'd suggest that insisting on being present carries a risk of them being irate at scheduling/time impositions etc.

    May we ask how you've reached 12 totting-up points? In a very short period, with no chance to modify behaviour?
    Why do you want to know that?
  • HillStreetBlues
    HillStreetBlues Posts: 6,130 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    The court is going to want evidence that there aren't alternative methods of transport available to him for these treatments, such as dial-a-ride or public transport or hospital-arranged transport.

    I would be surprised if that would be a good enough reason,  as many people who don't drive get to hospital appointments.
    Let's Be Careful Out There
  • LightFlare
    LightFlare Posts: 1,469 Forumite
    1,000 Posts Second Anniversary Name Dropper
    The court is going to want evidence that there aren't alternative methods of transport available to him for these treatments, such as dial-a-ride or public transport or hospital-arranged transport.

    Given the pressures on courts, I'd suggest that insisting on being present carries a risk of them being irate at scheduling/time impositions etc.

    May we ask how you've reached 12 totting-up points? In a very short period, with no chance to modify behaviour?
    Why do you want to know that?
    It may also be something the courts may/may not consider when deliberating your EH argument
  • Car_54
    Car_54 Posts: 8,863 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    The court is going to want evidence that there aren't alternative methods of transport available to him for these treatments, such as dial-a-ride or public transport or hospital-arranged transport.

    Given the pressures on courts, I'd suggest that insisting on being present carries a risk of them being irate at scheduling/time impositions etc.

    May we ask how you've reached 12 totting-up points? In a very short period, with no chance to modify behaviour?
    Why do you want to know that?
    It may also be something the courts may/may not consider when deliberating your EH argument
    They won't.
  • Car_54
    Car_54 Posts: 8,863 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    OP, have you actually been given the option of responding by court?

    In considering an EH plea, the court would normally want you there in person (or via a representative), so that they can see supporting evidence, and/or ask questions.
  • Arunmor
    Arunmor Posts: 609 Forumite
    500 Posts First Anniversary Name Dropper
    A quick search suggests more is going on here than meets the eye!
  • Brie
    Brie Posts: 14,791 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 31 January at 1:46PM
    fyi - 6 pts + 6 pts = Ban - Details... — MoneySavingExpert Forum

    So phone and then insurance.  

    EH case was discussed last May.
    I’m a Forum Ambassador and I support the Forum Team on Debt Free Wannabe, Old Style Money Saving and Pensions boards.  If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.

    Click on this link for a Statement of Accounts that can be posted on the DebtFree Wannabe board:  https://lemonfool.co.uk/financecalculators/soa.php

    Check your state pension on: Check your State Pension forecast - GOV.UK

    "Never retract, never explain, never apologise; get things done and let them howl.”  Nellie McClung
    ⭐️🏅😇
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.2K Banking & Borrowing
  • 253.2K Reduce Debt & Boost Income
  • 453.7K Spending & Discounts
  • 244.2K Work, Benefits & Business
  • 599.2K Mortgages, Homes & Bills
  • 177K Life & Family
  • 257.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.