Exceptional hardship - 12 points
Arguing exceptional hardship is not as straight forward as it might first appear as, by definition it has to be exceptional. As such ordinary hardship or mitigating features concerning the offence itself should not be considered by the Court. The appeal Courts have been reluctant to lay down any strict rules as to what constitutes exceptional hardship and stressed that each case should be decided on its own facts.
For example loss of employment as a result of a driving ban will not normally be considered exceptional hardship. However the effect of the loss of employment both on the defendant and any innocent third parties can and often does amount to exceptional hardship. It is therefore important that every case is carefully investigated and all lines of enquiry are explored. We have extensive experience of taking our clients' detailed instructions and identifying the key factors relevant to the case.
To discuss your case with one of our specialist lawyers call us now on 01616 966 229 or fill in our online enquiry form.
Frequently asked questions
What are the penalties for crossing a red light in the UK?
The penalties typically include a fixed penalty notice (FPN) with a fine of £100 and three penalty points on your driving license. However, if the case goes to court, the fine can increase and you could face disqualification from driving.
How are red light violations detected in the UK?
Red light violations in the UK are detected primarily using red-light cameras, which are equipped with sensors to monitor the traffic signal's status. These cameras capture photographic or video evidence of vehicles that pass through the intersection when the light is red. Drivers can also be pulled over at the roadside if they’re seen running a red light by a police officer.
How are you notified if you have been caught running a red light in the UK?
If you've been caught running a red light in the UK, you will usually receive a notice of intended prosecution (NIP) within 14 days of the incident. The NIP will be sent to the registered keeper of the vehicle, and it will include photographic evidence of the violation, along with details of when and where it occurred. The NIP will also provide instructions on how to respond, either by accepting the penalty or providing information about the driver if you were not the one driving at the time.
What is the legal code for the offence of running a red light in the UK?
The code for running a red light is typically referenced as a "TS10" under the Road Traffic Act 1988. TS10 is the code used for "failing to comply with traffic light signals.