Clacton hairdresser avoids ban due to exceptional circumstances

Claire Gibbs, of Farmleigh Avenue, Clacton, was caught by police using her mobile phone whilst driving her Ford Focus in March last year.

After providing her details to officers, it then fell to the magistrates’ court to endorse her licence with six penalty points, in addition to the six she had already accrued.

But Gibbs appeared before magistrates in Colchester on Thursday to argue she needed to keep her licence because of exceptional circumstances.

Offence – Claire Gibbs had been using her mobile phone whilst driving her Ford Focus last year, at which time she already had six points on her licence (Image: Newsquest)

Representing herself, Gibbs, 36, told the court her daughter needs to see consultants at Broomfield Hospital every two to three weeks after an incident last year which left her with burns so serious she was hospitalised.

Gibbs argued public transport was not an option for her daughter because the long-term effects of her injuries meant she is unable to stand up for long periods of time and particularly struggles in cold conditions.

The court also heard how Gibbs would suffer severe hardship were she to lose her licence because she would be unable to run her hairdressing business, Little Darlings.

She told magistrates: “We deal with a lot of children with special needs – a lot of them find it difficult to have their hair cut so I do a lot of home visits to children in the community.”

Gibbs, of Farmleigh Avenue, Clacton, continued: “I’m a single parent, I work full time, and I try my hardest to do everything I can.

Defence – Gibbs told magistrates that she would be unable to continue running her hairdressing business were she to have her driving licence revoked (Image: Newsquest)

“Usually, haircuts are ten to 15 minutes but sometimes I can be there for up to an hour because it’s quite challenging – a lot of children can’t come in the salon because it’s so sensory.”

Magistrates agreed Gibbs’s commitment to her business and her daughter’s medical needs constituted exceptional circumstances, and they agreed not to endorse her licence with six points, which would have resulted in a ban.

Chair of the bench, Ian Andrews, told Gibbs: “Whilst we have allowed them today, you will not be able to use those same reasons going forward if you find yourself in these circumstances in the next three years.”

Gibbs was ordered to pay £202 and had her licence endorsed with six points, but did not receive a ban.