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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
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I have a German driving license and am resident in

Customer Question

Hello,
I have a German driving license and am resident in the UK. I have accumulated 13 points which are being held on a database.
This is for speeding and driving without insurance.
I will have to go to the magistrate court and wanted to plea for exceptional hardship to avoid being banned from driving.
I am a self employed Automation Engineer. The court asked me to provide papers proofing the exceptional hardship. I am currently working on a contract about 20 miles from my home but have over the last couple of years worked in different locations in the UK, Europe and US.
What paper evidence would I need to provide to convince the court about the exceptional hardship.
Thanks for your help.
Regards
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would be the effect of losing your licence please?
Customer: replied 1 year ago.

Hi ,

The effect would be that I would find it very difficult to get to / from clients. Possibly ruling out of getting a contract with a client.

Expert:  Jo C. replied 1 year ago.
No, but is it possible that you could?
Remember the test is exceptional hardship not inconvenience.
Customer: replied 1 year ago.

I understand. It is possible that I will not get a contract with a client. But I don't know how I can proof it.

Expert:  Jo C. replied 1 year ago.
Ok. But why?
Can it not be done by public transport? If not, why not?
Customer: replied 1 year ago.

Different clients are at different locations. Sometimes long hours of work are required when public transport is not operating anymore. Sometimes it can be possible to use a taxi but it could be too expensive in the long run.

Expert:  Jo C. replied 1 year ago.
You may be in difficulty over this.
To bring an exceptional hardship case you have to show that it is literally impossible to do your job without driving. There are very few people in the UK who cannot work without driving. Some people are usually inconvenienced and it can be very expensive but it is possible. Remember the test is not whether you will suffer inconvenience but exceptional hardship.
If it is literally impossible to do so then you need to prove that - e.g train and bus time tables. Prove that you cannot arrange appointments around the availability of public transport.
Courts will sometimes accept that taxis are not a possibility but usually only if you can show that the cost of a taxi would mean it is not worth working and that means showing company accounts or PAYE slips.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Can other factors work in my favour:

I have a genetic disease which requires me to have regular treatment in hospital (currently every week). Or a combination of work commitment and trying to maintain the treatment.

Expert:  Jo C. replied 1 year ago.
Yes, exceptional hardship can include attending at appointments such as this.
But you need to prove that could not be done by public transport or that you could not be driven by other family members.
Sometimes people can do that but that is the test.
Customer: replied 1 year ago.

I am the only one in the family with a driving license. I have 3 children attending school. My wife has a learner license.

But my question is how can I prove this. What documents do I need to produce?

Expert:  Jo C. replied 1 year ago.
Train and bus time tables. Prove that you cannot arrange appointments around the availability of public transport.
Courts will sometimes accept that taxis are not a possibility but usually only if you can show that the cost of a taxi would mean it is not worth working and that means showing company accounts or PAYE slips.

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