A totting up ban is a mandatory driving disqualification in the UK. It is triggered when a driver accumulates 12 or more penalty points within a three-year period.
The standard disqualification period for a first-time totting up ban starts at six months. For repeat offenders, the minimum ban increases to 12 months (if you get another disqualification within three years) or two years, if you have two or more previous disqualifications.
If you are facing a totting up ban, you may be wondering if it can be appealed. The quick answer is that yes, a totting-up driving ban can be appealed, but it depends entirely on whether you are appealing an initial rejected Exceptional Hardship claim or challenging the underlying penalty points.
In this article, we outline these two scenarios, and explain what the routes to appeal in each case.
1. Appealing a rejected exceptional hardship claim
If you have already attempted to argue Exceptional Hardship in the Magistrates’ Court and were denied, you can appeal the sentence to the Crown Court.
– Grounds for appeal – you must be able to prove that the original court made a wrong decision or that new, significant circumstances (like job loss or extreme personal difficulty) have arisen.
– Time limit – you have 21 days from the date of the magistrates’ hearing to submit a Notice of Appeal.
– Permission to drive – while awaiting the Crown Court hearing, you can apply to have your licence temporarily reinstated.
2. Challenging the underlying offence or points
If you feel you were wrongfully given the penalty points that pushed you to 12 points, you have an automatic right to appeal the actual conviction or sentence.
– Deadline – Just like the sentence appeal, this must be filed within 21 days of your court sentencing date.
– No permission required – you have an automatic right of appeal from the Magistrates’ Court to the Crown Court.
Matters to consider
We’ll wrap up with some important parting notes.
You should note that appealing to the Crown Court is much more difficult, with a higher standard of proof typically required. Crown Court judges are generally less sympathetic to personal convenience and focus strictly on the legal requirements of hardship.
Appealing to the Crown Court also involves increased risk. The court has the power to uphold, reduce, or even increase your penalty.
For more expert guidance from experienced totting up solicitors, talk to the friendly team at Auriga Advocates today on 01270 509496.