Free Traffic Legal Advice

Notice was received today, after I completed and plead guilty to the SJP notice.
I have 11 points currently on my licence and I am a fool who drove 35 on a 30 road and was captured on camera.  Due to totting up, I'm in a fix.
I would like to go to court and explain why the court should not disqualify me, but I don't know where to start.

I would be inconvenienced by losing my licence (currently live rurally and have to travel into London for work twice a week contractually), as does my daughter (who doesn't drive, so I am the taxi to the station).
However I worry that this is not enough mitigation, and instead should request a short ban instead.

Offence occurred 30 November 2024 -  35mph speed exceeding 30 mph

Previous penalties and offences

Offence Date 26 August 2023 - SP30 - Penalty point expiry date 26 August 2026 / Removal date 26 August 2027
5 points given as I did the stupid not realising I had to add my licence details to the initial letter and got an extra 2 points and fine for that.

Offence Date 6 December 2021 - SP30 - Penalty point expiry date 6 December 2024/ Removal date 6 December 2025 - 3 points

Offence Date 5 December 2021 - SP30 - Penalty point expiry date 5 December 2024 / Removal date 5 December 2025 - 3 points

So my question is if there is any point in setting all this out to the court as the totting up will put me over the top.
The other question is what is the difference between expiry date and removal date, given that the recent offence was so close to the expiry date (s) of the 2021 offences, will that in any way be taken into consideration (doubtful I think).

Finally, are there any examples of witness statements that I could consider looking at, as a search on your site doesn't give me much hope.

Sorry to be a debbie downer, but I am so angry with myself.  I have 2 weeks to return the form to go to court or give my reasons in writing.

Thanks for looking

Penalty points count for "totting up" for three years from the date of the offence. They are removed from your driving record after four years.

The circumstances of each of the individual offences are not a consideration when a totting up ban is considered. It is only the dates which matter and from your details (not to mention the fact that the court is considering disqualifying you) it seems clear you face a ban.

I would be inconvenienced by losing my licence (currently live rurally and have to travel into London for work twice a week contractually), as does my daughter (who doesn't drive, so I am the taxi to the station).
However I worry that this is not enough mitigation,...

No it is not enough. You must convince the court that you or others will face "exceptional hardship". Being inconvenienced is not sufficient. Here's the guidance that Magistrates refer to when considering an "exceptional hardship" (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.

...and instead should request a short ban instead.

If you mean asking the court to impose a discretionary ban just for this latest offence, that will not succeed. That offence by itself would not attract a ban and the court would only be imposing one to avoid a totting up disqualification. Even if it did, the court has specific guidance to impose a "totting up" ban of a minimum of six months if there is a choice between a discretionary ban of less than six months or the totting up ban.

Is there any true hardship you or others will suffer for which there are no practical alternatives to overcome if you cannot drive?

 Thanks Both, that's clear. Honestly I've been avoiding thinking of the implications of a driving ban.  So will have to think it all over, collect evidence etc.

Thanks again

Just in case anyone else is in this position.  I plead guilty and decided not to go to court or give any mitigations (as there werent any).  Received a 6 month ban and £400 fine which I have been given time to pay off in 4 monthly installments.  So be it.  Car is in garage and I'm doing a SORN until I can drive it again.

Thanks again for your advice.