Appealing Totting Ban

Question:

I was caught on camera on an unfamiliar road, whilst driving to work early one morning last September. This was not a deliberate act I simply did not observe that there were any signs indicating a speed limit.

However I have been to court and asked for mitigating circumstances to be taken into account but this was rejected, and I have been given a six months ban with a further 4 points on my licence, and a cost of £278 to pay.

Is there any point appealing this ban? Or is it simply too late to do anything now.

I could not afford a solicitor that is why I tried to do it myself, I will and am suffering extreme hardship without my car, I run a business where I need to see clients in their own homes, and run sessions in different venues, I carry a lot of equipment, and I am the sole breadwinner in my household.

We stand to lose our home if I do not manage to keep up the mortgage payments which is currently in arrears, I will lose my job if I cannot get to work.

All this was put in my mitigating circumstances but it was rejected off hand, stating that my not having a car was merely an inconvenience.

I really do not know how to get around this.

Can you advise me please?

Graham Says:

I am very surprised that you lost. It sounds like you had a very strong argument.

You can appeal against sentence and I would advise that you do but you have to bear in mind if you lose you could face additional court costs.

Only 39% of these applications succeed according to MOJ figures. We succeed over 91% of the time. I am a former legal adviser to the magistrates so I tend to know what they want to hear.

If you would like my help then I would charge £300 plus vat to deal with the appeal in writing or £600 plus vat to send you to court with an advocate. If we succeed the court may reimburse your reasonable legal fees as you would be classed as having won your appeal.