At a hearing on 13th October, an applicant for a private-hire licence had his application rejected by Middlesbrough Council’s Licencing Committee after a DVLA check revealed an undeclared driving offence.
The applicant had failed to declare a six-month driving disqualification that had been imposed in July 2022 in line with totting up rules. These rules state that when 12 or more licence points are accumulated within a three-year period, the court must impose a mandatory driving ban of at least six months. As the applicant’s disqualification was imposed within the last five years, he was deemed to be unfit for a private-hire licence in accordance with Middlesbrough’s licencing rules.
At the hearing, the applicant gave conflicting, confusing accounts in an attempt to justify his failure to disclose the offence. He stated that he was out of the country at the time and did not receive correspondence relating to the ban. He also claimed that the points had been accrued by a relative using his car while he was abroad. He admitted to paying fines following a bailiff visit to his family’s home, but claimed not to be aware of the driving ban.
The committee did not accept these arguments and refused the licence. He may appeal the decision at Middlesbrough Magistrates’ Court within 21 days.
If you feel your livelihood is threatened because of a totting up disqualification, it is crucial to get reliable legal support. Call us at Auriga Advocates at the earliest possible opportunity. Our experienced totting up solicitors have a thorough knowledge of motoring law and police/court procedures. They are well placed to give sound advice and support to anyone facing this type of driving ban, so do not hesitate to give us a call.