Exceptional Hardship Advice – Totting Up 12 Points (SJPN Received) advise needed

[Guest]

Hi all,

I’ve received a Single Justice Procedure Notice (SJPN) for a speeding offence and plan to plead guilty. I’m seeking advice on applying for exceptional hardship, as a driving ban would have a severe impact on my family and livelihood.

Summary:

• Currently have 6 points; at the time of the offence (11 April 2025), I had 9 points.
• 3 points were due to expire on 14 April, just 3 days later.
• Police initially offered me £100 and 3 points, which I paid, but later refunded it as accepting would take me to 12, making me ineligible for a fixed penalty.
• I accept full responsibility for my actions and am truly sorry — it was entirely my fault.

Work & Travel:

• I work in the railway industry, in a safety-critical role.
• Typical shift: 00:50–04:30, sometimes starting as early as 10pm.
• I travel to multiple sites, carrying heavy safety-critical equipment.
• Public transport/taxis aren’t feasible; I cannot rely on colleagues due to varying shifts and locations.

Family & Finances:

• I am the sole earner; wife receives only child benefit.
• We have an 8-year-old daughter; it would be unsafe for her to wait in a car at night.
• Losing my licence would mean losing my job, mortgage, bills, and placing my family at serious financial risk.
• I have no sufficient savings, and my specialised work means 15 years of career progress would be lost.

Driving History:

• 25 years’ driving, never banned.
• All points are for minor speeding (last two: 24mph in a 20 zone at 3–4am).
• Licence was clean for 4 years prior to the points now expired.

I plan to apply for exceptional hardship under Section 35 of the Road Traffic Offenders Act 1988.
Has anyone successfully argued hardship in similar situations? What evidence is most effective? Any idea what questions magistrates ask?

I am deeply sorry and fully accept my responsibility. Any advice or experience would be hugely appreciated

[PallasAthena]

Tagging HandyAndy islandgirl

[islandgirl]

Handyandy is our board expert on these issues. I hear cases such as yours. A few questions of the kind I would ask in court - what speed was your most recent offence and in what limit? Was it the 24 in a 20? Can you PROVE you will lose your job with written evidence which says this? Is there no way you can carry it out without driving - sharing cars, getting a lift? (I know you talk about varying patterns but some people must work the same shifts). What issue is there with your daughter? Does your wife drive? A ban is meant to be difficult to manage around...

[Guest]

Handyandy is our board expert on these issues. I hear cases such as yours. A few questions of the kind I would ask in court - what speed was your most recent offence and in what limit? Was it the 24 in a 20? Can you PROVE you will lose your job with written evidence which says this? Is there no way you can carry it out without driving - sharing cars, getting a lift? (I know you talk about varying patterns but some people must work the same shifts). What issue is there with your daughter? Does your wife drive? A ban is meant to be difficult to manage around...

Hi and thank you for your response.

The most recent offence was 25mph in a 20mph zone at 0300hrs in the morning after my shift.
I cannot prove that I would loose my job in writing, I am a contractor and I would simply not be offered anymore shifts.
It will be impossible to to carry all my equipment as these are heavy and bulky, this includes items such as long bars/poles first aid kits, PPE, torches, safety critical boards and railway detonators to name just a few.
Sharing cars or getting a lift would not be possible as all other safety critical staff live in other locations and even if a friend could offer me a ride there is no guarantee we will be working in the same locations, for example I may be working in the west and others working in the east/south etc.
The patterns always vary my job could be 12hrs long one night and less than an hour the next.
My wife does drive, however for her to help me would be unfeasible, we have a young child and have no babysitter nobody could help and this would mean that she would be would have to sleep in the car during these unsociable hours totally irresponsible especially because some of the locations I work is in high crime rate areas.

Thank you again for your response, any feedback in much appreciated.

[islandgirl]

Hopefully Andyandy will advise but your arguments are not super persuasive. Anyone can say they will lose their job. You need to prove you will. Get letters from those who contract you to say so. Remember you may be genuine but we have heard it all before! The fact your wife drives means there will be little or no impact on your child.

[EXC]

I'll give HandyAndy a tag.

[Manxman]

I suppose one of the questions a magistrate would be likely to ask is why - if your driving licence is so important to you and to your family - you would want to put it at risk by breaking the speed limit again when you already have 9 points?

You may say now that you are deeply sorry, but it sounds more like you just don't care and that you think speed limits don't apply to you.

And you work in a safety critical area?

[PallasAthena]

It seems HandyAndy isn't around at the moment but you might find the advice he gave another poster in 2023 about Exceptional Hardship useful. Unfortunately the OP of that thread never came back to tell us what happened in court.

https://legalbeagles.info/forums/for...65#post1660665

[Guest]

I'll give HandyAndy a tag.

Hi,

Thank you for your feedback - positive or negative, I appreciate all of it. I'm not trying to make excuses. Of course I can reflect on how I ended up here, but that doesn't change anything now. I've looked deeply within myself and I accept full responsibility, it is entirely my fault.

I've been driving for over 25 years and have never been in this position before. I'm truly sorry. Words may not seem enough, I know that. I should never have let this happen, no matter what was going through my mind at the time.

We don't know each other, and the internet cant fully convey my remorse. I've made my bed. Thank you all for your replies, and I will continue to post if anyone wants more information about my case.

[Guest]

I suppose one of the questions a magistrate would be likely to ask is why - if your driving licence is so important to you and to your family - you would want to put it at risk by breaking the speed limit again when you already have 9 points?

You may say now that you are deeply sorry, but it sounds more like you just don't care and that you think speed limits don't apply to you.

And you work in a safety critical area?

Hi Manxman,

Thank you for the link, I will take a good look at it.

[islandgirl]

Remorse is good, but it will make little difference. I have been involved this week in an exceptional hardship appeal which was denied. The person had to drive all over the country for work.

[Guest]

Remorse is good, but it will make little difference. I have been involved this week in an exceptional hardship appeal which was denied. The person had to drive all over the country for work.

I understand. Honestly, I feel like I don't have much hope right now. I'm trying to decide whether to hire a solicitor or not, but I'm not sure it will make a difference. I only had two days left before the three points from three years ago were due to expire, and I still managed to mess up. I know that makes no difference. I really have no one to blame but myself.

[islandgirl]

As I say if you do run this then BRING EVIDENCE!!!! Losing your job is an issue for this type of hearing and can result in exceptional hardship but you need to prove it. You also need full detail as to why you cannot get to work any other way (not just that it will be difficult or inconvenient or expensive to do so). Evidence the financial risk - if you would really lose your home then that is also potentially a reason for exceptional hardship but again it is easy to say and needs proving.(I am not doubting you!) Having dependants who rely on your income is also important and again all evidence helps. The person in the appeal would have major issues doing his job with a ban but was honest in saying he would not actually lose it. If you can evidence that you would really and genuinely lose your job and home if banned then you would have a chance.

[Guest]

As I say if you do run this then BRING EVIDENCE!!!! Losing your job is an issue for this type of hearing and can result in exceptional hardship but you need to prove it. You also need full detail as to why you cannot get to work any other way (not just that it will be difficult or inconvenient or expensive to do so). Evidence the financial risk - if you would really lose your home then that is also potentially a reason for exceptional hardship but again it is easy to say and needs proving.(I am not doubting you!) Having dependants who rely on your income is also important and again all evidence helps. The person in the appeal would have major issues doing his job with a ban but was honest in saying he would not actually lose it. If you can evidence that you would really and genuinely lose your job and home if banned then you would have a chance.

Thank you ISLANDGIRL,

This is very real for me. I'm being completely transparent and honest, and I will only speak the truth about my situation. I know I've been overthinking everything and cannot seem to focus due to so much worry, but here's the reality.

I've worked for 15 years on the railway on the track itself. I'm a contractor who works through agencies, and although I don't have a formal contract stating Ill lose my job without a car, the truth is that without one, I would quickly become unreliable and stop receiving work altogether because it very cut throat and agencies simply look for somebody else.

In my industry, there's no such thing as finding work close to home. To succeed and the only way to succeed, you have to be flexible and willing to travel wherever the work is anywhere there's a train track. Sometimes that means accessing remote or difficult locations: off roads, across farmers fields, behind houses, down dead-end roads, or under railway bridges.

We are required to have our own personal equipment things like bars, poles, boards, detonators, PPE, access keys, testers, first aid kits the list goes on. The hours can vary massively. I currently work engineering shifts, which often run between 1 a.m. and 4 a.m., or at any other time days, evenings, nights, or weekends depending on when the engineering works can be done without affecting passenger trains.

Honestly, I feel lost. It feels pointless to keep fighting, but I know I have to try. If I don't, my wife, who is a full-time mum and not working and hasn't worked in years won't be able to cover the bills and mortgage on her own. She simply couldn't replace my income, and she couldn't do the work I do, which requires years of training and experience. With her experience she may or may not be able to cover a quarter of the expenses at very best.

[islandgirl]

Then say that in court. But prove it! If your agencies respect you and need your skills get them to write a letter to court saying that they cannot give you work if you cannot drive. Explain the nature of your work and perhaps show some examples of the kind of places you work.Take a photo of the kit you have to carry. Show proof of your wife's benefits income and do a spreadsheet of income and outgoings. This is an argument you can run but you have to detail everything and provide as much proof as possible. You will give evidence on oath. Get a free half hour with a solicitor and see what they say but you can run this yourself as all the information is in your hands.