Matthew Towey, 27, told magistrates he would lose his livelihood without a driving licence (Picture: Matthew Towey/Cavendish Press) Tyson Fury’s official masseur has been spared a driving ban after telling a court he needed his car to keep his job. Matthew Towey, 27, faced disqualification under the totting up procedure after he was spotting texting behind the wheel while driving past a police station. But the businessman kept his licence under ‘exceptional hardship’ rules after claiming his massage company would fold if he can’t drive. He said he needs his Ford Fiesta to treat celebrity clients, who also include Manchester United footballer Scott McTominay and boxer Billy Joe Saunders, at their homes. Wirral Magistrates’ Court heard how Towey had nine points on his licence when he was spotted on his mobile by a uniformed officer stood outside Liverpool’s Speke police station on July 3, 2020. PC Lindsey Davis said: ‘His eyes were glancing down on his mobile phone held in his right hand. ‘As he drew level the mobile phone was in full view and his thumb was moving across the screen as if he was texting. ‘I was quite incredulous that the driver had not seen me. I was in full view. ‘He was glancing up rather than looking at the road to concentrate where he was going. ‘I was concerned that he had gone alongside a school. I know it was lockdown but as he did not see me he would not have seen someone running out in to the road either. ’ Towey has worked with Tyson Fury since 2019 after being introduced by friend and boxer Isaac Lowe (Picture: Matthew Towey/Cavendish Press) Towey pictured outside Wirral Magisterates’ Court (Picture: Cavendish Press) Towey, from Speke, a suburb of Liverpool, was found guilty of using his mobile while driving. He said he drove around 20,000 miles per year and due to Covid it was only in the last year that he has been able to build the business ‘slowly but surely’. He said he wouldn’t be able to continue in his job as a sports therapist if he lost his licence, as he visits his clients in their homes. When asked what he would do instead, he said: ‘I’m not 100% sure. I would need to find a job of some description. ’ When asked if anyone was dependent on him, he said his 57-year-old father Paul Towey is and that he lives alone. ‘He does have a driving licence but he shouldn’t drive due to his medical conditions,’ Towey added. Staying at the Fury’s Morecambe training base, Towey was a key member of the team that helped the ‘Gypsy King’ prepare for his world title fight against Dillian Whyte (Picture: Matthew Towey/Cavendish Press) Towey pictured with boxer and Love Island star Tommy Fury – Tommy’s brother (Picture: Matthew Towey/Cavendish Press) The defendant said his dad has heart failure which leads to fluid on his lungs, which he has to get drained at hospital on a regular basis. He also suffers from depression due to his conditions, a bone tissue disorder and four fractures on the top of his back, the court heard. ‘I see him every day. I clean for him, I cook for him, I take him shopping and I take him to hospital when he needs to go there. I also pick up his medication from West Speke Health Centre,’ Towey added. ‘Without an income I would not be able to afford to travel to see my father every single day. He would have to get a taxi to the hospital which he would probably struggle to afford. ’ Magistrates asked if he had looked into getting some hospital transport for his father and he said he hadn’t. His sister lives in Australia and his brother lives in Whitby and there are no other family members who can help, he added. Magistrates accepted his exceptional hardship argument allowing him to continue to drive – but he will have 15 points on his licence. What is the totting-up procedure If you accumulate 12 or more penalty points on your driving licence within any three-year period, you could be disqualified from driving for at least six months. This is known as the totting-up procedure, and if banned this way your new driving licence will be wiped clean of all previously obtained penalty points. The totting-up procedure can escalate a relatively minor driving offence for which you would receive three penalty points on your licence to being disqualified from driving for six months or more. You can only get out a disqualification through some mitigating circumstances and if a ban would cause ‘exceptional hardship’ to you or people who depend on you. Source: Ellis Jones Solicitors Towey told magistrates that he needed his car to care for his father, who lives alone and suffers from a number of health conditions (Picture: Matthew Towey/Cavendish Press) They told him: ‘The bar is deliberately set quite high for these exceptional hardship cases. ‘As regards your circumstances, we are of the opinion that if you lose your licence your father would suffer exceptional hardship. He relies on you to take him to hospital and to look after him. ‘We’ve also considered the impact on your business and we believe that you would suffer exceptional hardship as well – knowing the viability of your business and having set it up in today’s climate. ‘We’ve also had a letter from your doctor and understand that you would suffer some mental concerns if you lose your job. ‘On that basis we are going to allow you to keep your licence today. You will get six penalty points on your licence. ’ Towey was warned that if he was convicted of another offence in the next three years, he’d wouldn’t be able to use the hardship defence and would likely lose his licence. He was also fined £150 and ordered to pay £234 in costs and victim surcharge. ‘Gypsy King’ Fury is reported to be plotting a comeback fight against Ukranian Oleksandr Usyk who defeated Anthony Joshua last month. Get in touch with our news team by emailing us at webnews@metro. co. uk. 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