Adam wanted to be able to afford to bring his children under one roof so that he and his partner could provide a better home for them (due to unusual circumstances, partly related to his children’s health, they lived in separate homes). Consequently, he invested in the acquisition of a 3.5 ton van and set himself up, on a self-employed basis, as a ‘man with a van’. He acquired a waste disposal licence and started to advertise his services. To his surprise within his first 3 months he covered 20,000 miles. His business had taken off and he was earning more now than he had earned when he was employed! This meant that he could now look forward to the prospect of being able to house his family under one roof within a relatively short period.
He booked a consultation with Kent Traffic Law at which full instructions were taken on his situation. He was advised that the courts often consider that, if the only people expected to lose out from a ban are the Defendant and his immediate family, that this is a common situation. As such, they are often rule that such situations do not amount to ‘exceptional hardship’ (as such situations are common). However, without such a finding Adam could expect to lose his licence.
Advice was given on obtaining documentary evidence in support of his case (which related mainly to the health condition of members of his family). Additionally, he was advised how best to present his evidence in court.
The court found, even though it was only Adam and his family who stood to lose out, that ‘exceptional hardship’ would be caused were he to lose his licence. They ordered the endorsement of 4 points on his licence but he was not disqualified (despite now having more than 12 penalty points on his driving record).
‘It was really important to obtain the best possible legal advice so that my case could be prepared and presented at its strongest. This has saved my business and enabled me to be able to continue to provide for my family.’
If you are facing a penalty points disqualification hearing, with all the consequences that can follow from that, you should evaluate the cost to you of loss of licence. Will it mean loss of job and / or business? Will your family suffer? If you decide you want to try to save your licence you are welcome to call us at Kent Traffic Law, without obligation, for an initial discussion. If you require expert help and advice on how best to prepare your case don’t hesitate to call. After all, what have you got to lose?