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#Post#: 107502--------------------------------------------------
Totting up offence
By: Keihas Date: January 27, 2026, 8:44 am
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Does anyone have any expertise in totting up offences that could
lead to a potential ban
I had 2 speeding fines in July - but the paperwork wasn't
received (for a variety of reasons) until late October - at that
time I had a legacy 6 points on my licence
2 different police areas so 2 different enforcement teams - both
elements are pushing for a magistrates appearance
Can anyone help on this - to be honest I was speeding but they
are looking to prosecute for a points speeding offence when
technically now I have zero points
Thanks
#Post#: 107506--------------------------------------------------
Re: Totting up offence
By: 666 Date: January 27, 2026, 8:54 am
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More details needed.
All dates, both of old and new offences. Alleged speeds and
limits.
What do you mean by "pushing"? What have you actually received,
either in October or later? Again, dates.
The reason for the court referral will be that it is too late
for anything else.
#Post#: 107509--------------------------------------------------
Re: Totting up offence
By: andy_foster Date: January 27, 2026, 9:05 am
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We have lots of expertise regarding endorseable motoring
offences and totting up. If only we had an OP who had some
expertise in providing relevant information to enable us to
utilise such expertise...
Or even an OP that was capable of finding the cunningly hidden
"READ THIS FIRST" sticky at the top of this forum, and following
the instructions in the title.
As has been said "are pushing for" is meaningless gibberish.
Either tell us what they said, or don't.
For the purposes of totting up, it is the dates of the offences
that matter - if you get 12 or more points from offences
committed within a 3 year period, you are liable to tot up.
#Post#: 107511--------------------------------------------------
Re: Totting up offence
By: NewJudge Date: January 27, 2026, 9:13 am
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What points you have now is irrelevant. It's the number of
points you had when the offences were committed which count.
Points are "active" for totting up purposes for three years from
the date of the offence. If that number reaches twelve within
that period you face a mandatory disqualification of six months.
You can reduce or avoid this ban entirely if you can show ha you
or others will suffer "exceptional hardship" as a result.
You haven't said why there was a delay to the enforcement
process. The date the process is eventually concluded is of no
importance (other than it delays the start of any ban that might
be imposed). If you delayed it in an attempt to avoid a ban you
have wasted the effort.
#Post#: 107514--------------------------------------------------
Re: Totting up offence
By: Keihas Date: January 27, 2026, 9:21 am
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[quote author=andy_foster link=topic=9680.msg107509#msg107509
date=1769526320]
We have lots of expertise regarding endorseable motoring
offences and totting up. If only we had an OP who had some
expertise in providing relevant information to enable us to
utilise such expertise...
Or even an OP that was capable of finding the cunningly hidden
"READ THIS FIRST" sticky at the top of this forum, and following
the instructions in the title.
As has been said "are pushing for" is meaningless gibberish.
Either tell us what they said, or don't.
For the purposes of totting up, it is the dates of the offences
that matter - if you get 12 or more points from offences
committed within a 3 year period, you are liable to tot up.
[/quote]
Andy - thanks but go easy mate - this is all a first for me and
I am massively unsure on what is really happening
Appreciate I hadn't quite read the read first bit and I
appreciate that must be frustrating for you ...
#Post#: 107516--------------------------------------------------
Re: Totting up offence
By: Keihas Date: January 27, 2026, 9:23 am
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[quote author=NewJudge link=topic=9680.msg107511#msg107511
date=1769526809]
What points you have now is irrelevant. It's the number of
points you had when the offences were committed which count.
Points are "active" for totting up purposes for three years from
the date of the offence. If that number reaches twelve within
that period you face a mandatory disqualification of six months.
You can reduce or avoid this ban entirely if you can show ha you
or others will suffer "exceptional hardship" as a result.
You haven't said why there was a delay to the enforcement
process. The date the process is eventually concluded is of no
importance (other than it delays the start of any ban that might
be imposed). If you delayed it in an attempt to avoid a ban you
have wasted the effort.
[/quote]
Thanks Newjudge - that makes sense now - looks like I need to
take this on the chin and and explain the exceptional hardship
bits
generally is it best to go to court to explain the hardship or
does a well crafted written explanation work out ok; suppose the
other question is how useful is using a solicitor or am I just
wasting money
Appreciate the precise details aren't in this post - and
apologies
#Post#: 107525--------------------------------------------------
Re: Totting up offence
By: NewJudge Date: January 27, 2026, 10:35 am
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[quote]…generally is it best to go to court to explain the
hardship or does a well crafted written explanation…[/quote]
You will be required to attend court for two reasons:
1. The court will not disqualify you in your absence without
first giving you the opportunity to attend.
2. If you make an exceptional hardship (EH) argument you will be
required to give evidence of that hardship under oath or
affirmation.
You haven’t given us too much detail to go on but since the two
offences were in separate areas there is something you need to
beware of. If either of the offences is serious enough to see
six points imposed (and so trigger a totting up ban) you do not
want to have that heard, make a successful EH argument and avoid
a ban, only to then be brought to court for the second. If you
avoid a ban, the points remain on your licence and when you
attend for the second offence you will face a totting up ban
again. You cannot make a second EH argument, using the same
reasons, within three years of the first. Ideally you need to
arrange to have both charges heard at the same time.
Here is the guidance which Magistrates use when considering an
EH argument:
When considering whether there are grounds to reduce or avoid a
totting up disqualification the court should have regard to the
following:
It is for the offender to prove to the civil standard of proof
that such grounds exist. Other than very exceptionally, this
will require evidence from the offender, and where such evidence
is given, it must be sworn.
Where it is asserted that hardship would be caused, the court
must be satisfied that it is not merely inconvenience, or
hardship, but exceptional hardship for which the court must have
evidence.
Almost every disqualification entails hardship for the person
disqualified and their immediate family. This is part of the
deterrent objective of the provisions combined with the
preventative effect of the order not to drive.
If a motorist continues to offend after becoming aware of the
risk to their licence of further penalty points, the court can
take this circumstance into account.
Courts should be cautious before accepting assertions of
exceptional hardship without evidence that alternatives
(including alternative means of transport) for avoiding
exceptional hardship are not viable.
Loss of employment will be an inevitable consequence of a
driving ban for many people. Evidence that loss of employment
would follow from disqualification is not in itself sufficient
to demonstrate exceptional hardship; whether or not it does will
depend on the circumstances of the offender and the consequences
of that loss of employment on the offender and/or others.
So, having considered that, what hardship which is “exceptional”
will you or others suffer if you are banned?
#Post#: 107628--------------------------------------------------
Re: Totting up offence
By: BertB Date: January 28, 2026, 3:56 am
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[quote author=NewJudge link=topic=9680.msg107511#msg107511
date=1769526809]
You haven't said why there was a delay to the enforcement
process. [/quote]
It might be helpful if you could answer this. NIPs need to be
served within 14 days of offence. There are exceptions where the
driver is not the RK, or current details held by the DVLA are
not up to date, but it would be prudent to examine if there is
any defence due to late service.
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