Proposed driving disqual. - Extreme Hardship argument

TooManyPoints

...what was the date of the notice of proposed disqualification that you refer to in your OP,

The deadline date for response to the "notice of proposed disqualification" letter ended in 2025 (the rest was redacted). So it must have been fairly recent.

I have to say, @proformance that I agree with the above. You have somewhat diminished the strength of your EH argument.

cw8825

Grumpy_chap said:

proformance said:

Yeah, it is annoying for me too, because I've not had a car in that time, as I've been waiting for this impending disqual. If choose to make an EH case, and am unsuccessful in doing so, I'd have "wasted" 6 months.

But that is the way things have panned..

I think that note wholly undermines the proposed EH claim that you were intending to rely on to avoid a ban.

proformance said:

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

Which of the many alternative means of transport that might be available (Hospital transport, public transport, Council / charity transport, taxi, UBER, etc.) has your Father used to get to hospital appointments in the past 6 months while you've had no car?

OR, has your Father not had any appointments to attend in the past 6 months?  If the frequency of appointment is less frequent, that would also seem to undermine the associated EH claim, as arranging a small number of taxi trips in a year is far easier and cheaper than the impact if there were many.

This is what the OP needs to be able to answer

cant see how they can plead EH if they have not been driving for at least 6 months

proformance

Grumpy_chap said:

proformance said:

Yeah, it is annoying for me too, because I've not had a car in that time, as I've been waiting for this impending disqual. If choose to make an EH case, and am unsuccessful in doing so, I'd have "wasted" 6 months.

But that is the way things have panned..

I think that note wholly undermines the proposed EH claim that you were intending to rely on to avoid a ban.

I wholly disagree with that opinion, but I won't waste your time trying to convince you.

boobyd said:

Have you checked your Driving Licence?

Yes - no disqual, as yet.

Okell said:

@proformance -  what was the date of the notice of proposed disqualification that you refer to in your OP, and what was the date of the SJP (or charge) for the insurance offence in your original thread?

Jul 24 - Guilty of no insurance
Jan 25 - Notice of disqual.

No other comms in between.

Grumpy_chap

proformance said:

Grumpy_chap said:

proformance said:

Yeah, it is annoying for me too, because I've not had a car in that time, as I've been waiting for this impending disqual. If choose to make an EH case, and am unsuccessful in doing so, I'd have "wasted" 6 months.

But that is the way things have panned..

I think that note wholly undermines the proposed EH claim that you were intending to rely on to avoid a ban.

I wholly disagree with that opinion, but I won't waste your time trying to convince you.

You are wholly entitled to disagree with me.
It is not me that you will need to convince.

Whether it would be a waste of time trying to convince me (or others in the thread) is for you to decide.
Other responses in the thread seem to align with what I have mentioned.

You may find it beneficial if you wish to practice your arguments to challenge the conclusion I reached within this thread.  If you are not able to convince lay-people in the forum, the same argument expressed in the same way probably has no better chance of convincing the individual with decision making influence over your near-future. 

Okell

cw8825 said:

Grumpy_chap said:

proformance said:

Yeah, it is annoying for me too, because I've not had a car in that time, as I've been waiting for this impending disqual. If choose to make an EH case, and am unsuccessful in doing so, I'd have "wasted" 6 months.

But that is the way things have panned..

I think that note wholly undermines the proposed EH claim that you were intending to rely on to avoid a ban.

proformance said:

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

Which of the many alternative means of transport that might be available (Hospital transport, public transport, Council / charity transport, taxi, UBER, etc.) has your Father used to get to hospital appointments in the past 6 months while you've had no car?

OR, has your Father not had any appointments to attend in the past 6 months?  If the frequency of appointment is less frequent, that would also seem to undermine the associated EH claim, as arranging a small number of taxi trips in a year is far easier and cheaper than the impact if there were many.

This is what the OP needs to be able to answer

cant see how they can plead EH if they have not been driving for at least 6 months

I find it hard to believe that anybody would voluntarily give up driving for over 6 months without any formal notification that they'd been disqualified.  All the OP needed to do was to check their licence online and/or ask the court what the outcome of the insurance charge had been.

I suspect the OP might not be a native Brit and doesn't understand how penalty points work.

In their original thread from 31 May last year they had some bizarre idea that a disqualiifcation would only take effect after they'd dropped below 12 points:

"I'm wondering if the forum can help advise what happens in the scenario where:

1) Existing 6 pts (phone) - due to expire July 2025
2) Impending 6 pts (insurance) - due to register Jun 2024

I understand an accumulation of 12 pts = a driving ban of at least 6 months.

My question is - does the time-period ban (i.e. 6 months) only begin when the total points balance falls under 12 pts? In the case above, would it only start when my first point accrual expires? In other words, on July 2025 (so 6 months from July 2025)?"

TooManyPoints

I wholly disagree with that opinion, but I won't waste your time trying to convince you.

That's your privilege and of course it's not us you have to convince. But if you are going ahead with your EH argument, you need to give it some serious consideration in the light of what you have said.

Halfway through this thread you asked about the prospect of success with that argument. The only indication you gave of its basis up to then was this:

I need to shepherd my father between various hospital and medical appointments, for ailments and conditions that are well-documented

This gave a clear impression to me that these were ongoing conditions which have required you to help your father with by driving him about. Now it transpires you have not been required to do this for six months.

As above, you will be required to give evidence under oath of the hardship you or others will face. You will also be subject to cross-examination on your evidence by the prosecutor and questioning from the Magistrates. It is very likely that during that process a question may arise which will require you to reveal the information you have just revealed to us (or alternatively refuse to answer or commit perjury). 

It might be an idea to run your argument past a few people beforehand and you have the opportunity on here to do just that. Your choice, of course.

proformance

I will present my case honestly. If I lose, am I penalised further in any way?

Okell

proformance said:

... Jul 24 - Guilty of no insurance... 

In your original thread you said the insurance charge was "due to register Jun 24" - whatever that meant

So when you say "... Jul 24 - Guilty of no insurance..." , do you mean only that you pleaded guilty in July 2024, or did you receive some sort of notice from the court that you had been convicted, but they didn't mention anything about disqualification?

(I have to say this is a bit drip... drip... drip... as you seem unhelpfully reluctant to volunteer relevant information unless you are specifically asked for it.  Giving a full and accurate account on here of what has happened can't disadvantage you and can't really be used against you by anybody.  Unless you suggest doing something illegal...)

proformance

Okell said:

cw8825 said:

Grumpy_chap said:

proformance said:

Yeah, it is annoying for me too, because I've not had a car in that time, as I've been waiting for this impending disqual. If choose to make an EH case, and am unsuccessful in doing so, I'd have "wasted" 6 months.

But that is the way things have panned..

I think that note wholly undermines the proposed EH claim that you were intending to rely on to avoid a ban.

proformance said:

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

Which of the many alternative means of transport that might be available (Hospital transport, public transport, Council / charity transport, taxi, UBER, etc.) has your Father used to get to hospital appointments in the past 6 months while you've had no car?

OR, has your Father not had any appointments to attend in the past 6 months?  If the frequency of appointment is less frequent, that would also seem to undermine the associated EH claim, as arranging a small number of taxi trips in a year is far easier and cheaper than the impact if there were many.

This is what the OP needs to be able to answer

cant see how they can plead EH if they have not been driving for at least 6 months

I find it hard to believe that anybody would voluntarily give up driving for over 6 months without any formal notification that they'd been disqualified. 

I never "voluntarily" gave up driving and I apologise if I gave that impression anywhere in this thread..

MikeJXE

Do you still have a car or when you were stopped with no insurance and seized 

Was it crushed ?