Understanding Exceptional Hardship: A Guide to Protecting Your Driving LicenceIf you’re facing the risk of a driving ban due to accumulating 12 or more penalty points on your driving licence, you may have heard of the term "exceptional hardship." This legal argument can potentially prevent a driving ban, allowing you to keep your licence despite reaching the threshold for disqualification. At Manak Solicitors, we specialise in helping drivers navigate this complex process. In this blog, we’ll explain what exceptional hardship is, how it works, and how our expert legal team can assist you in building a strong case to protect your livelihood.What is Exceptional Hardship?Exceptional hardship is a legal plea that can be made in court to avoid a driving disqualification when you’ve accumulated 12 or more penalty points within a three-year period. Under UK law, reaching this threshold typically results in a minimum six-month driving ban under the "totting up" system. However, if losing your licence would cause exceptional hardship to you or others, the court may choose not to impose a ban or reduce the length of the disqualification.Exceptional hardship is not about avoiding responsibility for your driving offences but demonstrating that a ban would have a disproportionately severe impact on your life or the lives of those who depend on you. The court will consider the unique circumstances of your case to determine whether your situation qualifies.What Qualifies as Exceptional Hardship?The definition of exceptional hardship is not strictly outlined in law, as each case is judged on its individual merits. However, the hardship must be significant and go beyond the inconvenience that naturally comes with losing a driving licence. Common examples of exceptional hardship include: Loss of Employment: If you rely on driving to carry out your job (e.g., taxi drivers, delivery drivers, or sales representatives) and losing your licence would result in losing your job, this could constitute exceptional hardship. You must demonstrate that alternative employment is not readily available. Impact on Dependents: If others rely on you for transport, such as elderly relatives, children, or individuals with disabilities, a driving ban could severely affect their quality of life. Financial Hardship: If losing your job due to a driving ban would lead to significant financial difficulties, such as inability to pay a mortgage or support your family, this may be considered. Health and Mobility Issues: If you or someone you care for has medical needs that require you to drive, such as frequent hospital visits, this could strengthen your case. Lack of Alternative Transport: In rural areas with limited public transport, losing your licence could isolate you or prevent you from carrying out essential tasks.The court will expect clear evidence to support your claim, such as payslips, medical records, or letters from employers or dependents. Simply stating that a ban would be inconvenient is unlikely to succeed.How to Present an Exceptional Hardship CaseSuccessfully arguing exceptional hardship requires careful preparation and a compelling presentation in court. Here’s how you can strengthen your case: Gather Evidence: Collect documents that demonstrate the impact a driving ban would have. This could include employment contracts, payslips, mortgage statements, or letters from doctors or family members. Be Honest and Specific: The court will scrutinise your claims, so it’s crucial to provide accurate and detailed information about your circumstances. Seek Expert Legal Advice: An experienced motoring offence solicitor can help you build a persuasive case, ensuring all relevant factors are presented effectively. At Manak Solicitors, our team has a proven track record of helping drivers avoid disqualification through exceptional hardship arguments. Prepare for Court: You’ll need to attend a magistrates’ court hearing to present your case. Your solicitor can guide you on what to expect and how to present your argument convincingly.Why Choose Manak Solicitors for Exceptional Hardship Cases?At Manak Solicitors, we understand how critical your driving licence is to your daily life. Our dedicated team of motoring law specialists has extensive experience in handling exceptional hardship cases across the UK. Here’s why drivers trust us: Expertise: Our solicitors are well-versed in motoring law and know how to craft compelling arguments tailored to your unique situation. Personalised Approach: We take the time to understand your circumstances and gather the evidence needed to build a strong case. Proven Success: We have helped countless drivers avoid driving bans by successfully arguing exceptional hardship. Nationwide Service: Whether you’re in Bromley, Biggin Hill, Orpington, Sevenoaks, Gravesend, or anywhere else in the UK, we can represent you in court.Key Considerations for Exceptional Hardship One-Time Argument: You can only use the same exceptional hardship argument once every three years. If you accumulate more penalty points after a successful plea, you’ll need to present a new hardship case. Penalty Points Remain: Even if your exceptional hardship plea is successful, the penalty points will stay on your licence, and you’ll need to avoid further offences to prevent reaching the 12-point threshold again. Court Discretion: The decision to accept an exceptional hardship plea is at the court’s discretion, so professional legal representation is crucial to maximise your chances of success.How Manak Solicitors Can Help You Avoid a Driving BanFacing a driving ban can be stressful, but you don’t have to navigate it alone. At Manak Solicitors, we’re committed to helping you keep your driving licence and protect your livelihood. Our expert solicitors will: Review your case thoroughly to identify grounds for exceptional hardship. Gather and organise the necessary evidence to support your plea. Represent you in court with a compelling argument tailored to your circumstances. Provide clear, practical advice to help you avoid future offences.Contact Manak Solicitors TodayIf you’re at risk of a driving ban due to penalty points, don’t wait until it’s too late. Contact Manak Solicitors today to discuss your case and explore whether an exceptional hardship plea could help you avoid disqualification. Our friendly team is here to guide you every step of the way.Call us now at 01689 870769 or 07731 868916Email us at [email protected] ([email protected])Visit our website at https://manaksolicitors.co.uk/ to schedule a consultationOur Offices: Bromley, Biggin Hill, Orpington, Sevenoaks, and Gravesend Let Manak Solicitors help you protect your driving licence and keep you on the road.

Charged with Driving Without Due Care and Attention or Failure to Stop? How Manak Solicitors Can HelpBeing charged with driving without due care and attention or failure to stop can be a daunting experience, with potential penalties including fines, penalty points, or a driving ban. At Manak Solicitors, we specialise in defending motoring offences, helping drivers in Bromley, Biggin Hill, Orpington, Sevenoaks, Gravesend, and across the UK protect their driving licences. This blog explains these offences, their penalties as outlined by the Sentencing Council, and how our expert legal team can help you achieve the best possible outcome.What is Driving Without Due Care and Attention?Driving without due care and attention, also known as "careless driving," is an offence under Section 3 of the Road Traffic Act 1988. It occurs when a driver’s standard of driving falls below that expected of a competent and careful driver. Examples include: Dangerous overtaking Ignoring traffic signs or signals Using a mobile phone while driving Tailgating or misjudging road conditionsAccording to the Sentencing Council guidelines, the prosecution must prove your driving was careless based on the circumstances, which can be subjective and open to challenge with skilled legal representation.What is Failure to Stop?Failure to stop, under Section 170 of the Road Traffic Act 1988, occurs when a driver involved in an accident fails to stop at the scene or report it to the police within 24 hours. This offence often accompanies careless driving charges and may involve: Leaving the scene after colliding with another vehicle, property, or person Failing to provide details to other parties involved Not reporting the incident to the police when requiredThe Sentencing Council guidelines emphasize that this offence is treated seriously due to its impact on road safety and accountability. However, valid defences, such as being unaware of the accident, may apply.Penalties Under Sentencing Council GuidelinesThe Sentencing Council provides structured penalties based on the severity of the offence and culpability. Below are the accurate penalties for both offences. Driving Without Due Care and Attention Sentencing Council, 2017: Category 1 (Highest Seriousness): Starting Point: Band C fine (150% of weekly income). Range: Band C fine. Disqualification/Points: Consider disqualification or 7–9 points. Category 2: Starting Point: Band B fine (100% of weekly income). Range: Band B fine. Disqualification/Points: 5–6 points. Category 3 (Lowest Seriousness): Starting Point: Band A fine (50% of weekly income). Range: Band A fine. Disqualification/Points: 3–4 points. The court must endorse the driving licence with 3–9 points if no disqualification is imposed. Aggravating factors (e.g., causing injury, high speed) may increase penalties, while mitigating factors (e.g., clean driving record, momentary lapse) may reduce them. Failure to Stop/Report an Accident Sentencing Council, 2017: Category 1 (Highest Seriousness): Starting Point: High-level community order. Range: Low-level community order to 26 weeks’ custody. Disqualification/Points: Disqualification for 6–12 months or 9–10 points (extend disqualification if imposing immediate custody). Category 2: Starting Point: Band C fine. Range: Band B fine to medium-level community order. Disqualification/Points: Disqualification up to 6 months or 7–8 points. Category 3 (Lowest Seriousness): Starting Point: Band B fine. Range: Band A fine to Band C fine. Disqualification/Points: 5–6 points. Additional Notes: Courts consider factors like deliberate failure to stop, extent of damage or injury, and attempts to report later. Imprisonment (up to 7 years) is rare but possible in extreme cases, particularly if combined with other serious offences. If you accumulate 12 or more penalty points within three years, you risk a minimum six-month ban under the "totting up" system (endorsement code TT99). New drivers (within two years of passing their test) face licence revocation if they accrue 6 or more points. In totting-up cases, you may argue exceptional hardship to avoid a ban, and Manak Solicitors can help build a compelling case.Defending Against These ChargesDefending charges of driving without due care and attention or failure to stop requires expertise in motoring law. Possible defences include: Challenging Evidence: The prosecution must prove beyond reasonable doubt that your driving was careless or that you knowingly failed to stop. We can scrutinise evidence like witness statements, CCTV footage, or police reports for inconsistencies. Reasonable Excuse: For failure to stop, you may not have realised an accident occurred or had a valid reason, such as ensuring safety or being in shock. Disputing the Standard of Driving: For careless driving, we can argue that your driving met the standard of a competent driver under the circumstances. Procedural Errors: Mistakes in police procedure, such as incorrect paperwork, could lead to the case being dismissed. Special Reasons: In some cases, special reasons (e.g., an emergency for careless driving) may avoid penalty points or disqualification.Manak Solicitors will thoroughly review your case, using the Sentencing Council guidelines to challenge the prosecution or mitigate penalties.Why Choose Manak Solicitors?Facing motoring offence charges can be stressful, but Manak Solicitors has a proven track record of defending drivers across the UK. Here’s why you should choose us: Specialist Expertise: Our solicitors are experts in motoring law, with extensive experience defending charges like careless driving and failure to stop. Tailored Defence: We build a personalised defence strategy, leveraging Sentencing Council guidelines to highlight mitigating factors and reduce penalties. Local Knowledge: With offices in Bromley, Biggin Hill, Orpington, Sevenoaks, and Gravesend, we understand local courts and procedures. Proven Results: We have helped countless drivers avoid or reduce penalties, protecting their livelihoods and keeping them on the road.What to Do If You’re ChargedIf you’ve been charged with driving without due care and attention or failure to stop, follow these steps: Act Quickly: Contact a solicitor immediately to start building your defence. Time is critical for gathering evidence. Gather Evidence: Collect relevant information, such as dashcam footage, witness details, or photos of the incident scene. Avoid Pleading Guilty Prematurely: Seek legal advice before responding to the charge, as you may have a valid defence or mitigating circumstances. Consider Driver Improvement Courses: For minor careless driving offences, police may offer a National Driver Offender Retraining Scheme course to avoid points, though this is discretionary and unavailable if you’ve completed one within three years.How Manak Solicitors Can HelpAt Manak Solicitors, we’re committed to defending your driving licence and minimising the impact of motoring offence charges. Our services include: Reviewing evidence to identify weaknesses in the prosecution’s case. Building a strong defence or mitigation strategy to reduce penalties or avoid conviction. Representing you in court, whether in Bromley, Sevenoaks, or elsewhere in the UK. Advising on exceptional hardship pleas if you face a totting-up ban. Providing practical advice to avoid future offences.Contact Manak Solicitors TodayDon’t let a motoring offence charge threaten your driving privileges or livelihood. Contact Manak Solicitors today for expert legal advice and representation. Our team is ready to fight for you and help you achieve the best possible outcome.Call us now at 01689 870769 or 07731 868916Email us at [email protected]  Visit our website at https://manaksolicitors.co.uk/ to schedule a consultationOur Offices: Bromley, Biggin Hill, Orpington, Sevenoaks, and Gravesend 

My child’s partner is making allegations about me, what happens next?When a couple decides to separate or divorce, there will almost invariably be additional issues where children are involved. It is likely that both of you will have different views as to who your children should live with and spend time with. Sometimes, one person may allege that the other parent has or might harm a child, and therefore they may not consider it suitable for that parent to spend time with the child. If your partner alleges that you are a risk to your child, the first step would be for your solicitor to contact them or their legal representative to try to arrange for you to spend time with them in a way that mitigates potential risk to the child. For example, this could include contact being supervised by an agreed third party or in a contact centre, or you providing certain assurances to your ex-partner to assuage their worries.If contact cannot be agreed, you must attempt mediation to try to resolve the issue. A mediator is a qualified impartial professional who helps parents to try to achieve a child-focused solution.If mediation is unsuccessful, you will need to make an application to the court to try to determine the issue. When you do so, your ex-partner may allege that you have or might harm your child. The court will then consider these allegations, usually at your first hearing. If the court believes that, if true and when taken at their highest, the allegations would be a bar to contact between you and the child, a fact-finding hearing may be listed. This is a contested hearing, sometimes taking place over several days, where both parties will be ‘cross-examined’ by the other person’s legal representative. At the end, the Judge will say whether they consider each allegation to be true or not. This is known as ‘making a finding’. If findings are not made against you, usually your solicitor would then seek for contact between you and your child to recommence immediately. In some circumstances, for example if a long time has elapsed since you last spent time with your child, it may be appropriate for the first few sessions to take place in a supervised setting.If findings are made against you, the next steps will depend on the seriousness of them. It may be that contact has to remain supervised, or that you must undertake further work, such as a parenting course. In rare circumstances, such as when a finding is of a very serious nature has been made, the court may order that you only have indirect contact with your child, such as only sending them letters or cards.At Manak Solicitors, we are here to guide you through this process. We have extensive experience dealing with fact-finding hearings, acting for parties who have made allegations and if a party is subjected to allegations. We pride ourselves on representing clients in such matters in a straightforward and effective manner. Book your free 10-minute no obligation call back today.

Understanding the Human Side of TfL Fare Evasion CasesA recent BBC News article, published on 28 May 2025, sheds light on Transport for London’s (TfL) intensified efforts to tackle fare evasion across its network, including the London Underground, buses, and trams. This crackdown aims to address the estimated £150 million annual revenue loss caused by fare dodging. While TfL’s approach involves increased enforcement through revenue protection officers and advanced technology like CCTV and ticket barrier data, the story behind fare evasion is often far more nuanced than it seems. At Manak Solicitors, we recognise that many fare evasion cases involve vulnerable individuals facing challenging life circumstances, not cunning criminals intent on defrauding the system. Our expert legal team is dedicated to providing compassionate and robust support to those facing fare evasion allegations, ensuring their stories are heard and their rights are safeguarded.The Human Face of Fare EvasionThe BBC article highlights that fare evasion can lead to serious consequences, including fines of up to £1,000, criminal prosecution, and, in some cases, a criminal record. Yet, behind these headlines are real people, many of whom are not deliberate wrongdoers but individuals grappling with difficult situations. Fare evasion may stem from financial hardship, mental health struggles, or simple oversights during moments of stress or distraction. For instance, a missed tap-in due to rushing to an urgent appointment, using an expired ticket during a period of financial strain, or misunderstanding complex ticketing rules can result in accusations of fare dodging. These cases often involve vulnerable people such as low-income workers, students, or those experiencing homelessness who may lack the resources or knowledge to navigate TfL’s enforcement processes effectively.At Manak Solicitors, we understand that fare evasion is rarely about masterminding a criminal scheme. Instead, it’s often about human error, desperation, or systemic barriers that make compliance challenging. The BBC article notes TfL’s efforts to balance enforcement with fairness, offering options like penalty fares or warnings to resolve cases out of court. However, without proper legal guidance, vulnerable individuals risk facing disproportionate penalties or even prosecution for what may have been an honest mistake.How Manak Solicitors Can Support YouManak Solicitors specialises in representing clients accused of fare evasion on TfL services, recognising the unique circumstances behind each case. Our experienced team is committed to providing tailored legal support to protect your rights and achieve the best possible outcome, particularly for those facing vulnerabilities. Our services include:Compassionate Case Assessment: We take the time to understand your situation, including any personal or financial hardships that may have contributed to the alleged fare evasion. By thoroughly reviewing TfL’s evidence, we identify grounds for defence, such as errors in enforcement or mitigating circumstances.Negotiation for Fair Outcomes: Where possible, we negotiate with TfL to secure out-of-court resolutions, such as reduced penalty fares, warnings, or case withdrawals, to avoid prosecution and protect your record.Robust Court Representation: If your case proceeds to court, our skilled solicitors provide strong representation, presenting a defence that highlights your circumstances and challenges unfair allegations. We aim to minimise penalties and prevent convictions that could impact your future.Protecting Your Future: A criminal record for fare evasion can have lasting consequences, including difficulties with employment or travel. We work diligently to avoid convictions, particularly for vulnerable clients who may already face significant challenges.Personalised Guidance: We provide clear, empathetic advice tailored to your situation, ensuring you understand your options and feel supported throughout the process.Why Choose Manak Solicitors?With offices in London and Kent, Manak Solicitors is well-placed to assist clients across the TfL network. Our team combines in-depth knowledge of transport regulations with a compassionate approach, recognising that fare evasion cases often involve more than meets the eye. We are committed to advocating for vulnerable individuals, ensuring their voices are heard and their circumstances are considered.Samir Moftah’s Expertise in Fare Evasion CasesLeading our efforts is Samir Moftah, a highly experienced solicitor at Manak Solicitors with extensive expertise in TfL fare evasion cases. Samir has successfully represented numerous clients, including those facing vulnerabilities such as financial hardship or mental health challenges. His ability to negotiate with TfL authorities and build compelling representations has helped many avoid harsh penalties and secure fair resolutions. Samir’s client-focused approach ensures that each case is handled with care, sensitivity, and a commitment to achieving the best outcome, particularly for those whose circumstances make them especially vulnerable.The BBC article highlights the complexity of TfL’s fare evasion crackdown, but it also underscores the need for compassionate legal support. At Manak Solicitors, we believe that fare evasion cases often involve human stories of struggle, not criminal intent. Under Samir Moftah’s team’s expert guidance, we are here to help you navigate these challenges with dignity and fairness.Contact Us TodayDont let a fare evasion allegation derail your future. Whether you’re facing a TfL prosecution, a Southeastern court summons, or a Chiltern Railways investigation, Manak Solicitors can help.Call Samir Moftah at 07731868916 or 01689 870769 or send an enquiry to [email protected] . Act now to avoid a criminal record and resolve your case quickly.

A recent BBC News article https://www.bbc.co.uk/news/articles/clyq88we2kko, published on 28 May 2025, highlighted South Western Railway’s (SWR) robust campaign against fare evasion, recovering £3.4 million from fare dodgers in a single year. Operating services between London Waterloo and regions including Surrey, Hampshire, Berkshire, Dorset, Devon, Somerset, and Wiltshire, SWR estimates that seven million ticketless journeys cost the operator £40 million annually. Among the cases spotlighted was one involving an offender who evaded £49,000 over five years a high-profile matter successfully handled by Manak Solicitors, led by our expert solicitor Samir Moftah. While respecting client confidentiality with consent from our client, we handled one of the largest cases in history of fare evasion. We wish to make clients aware of how our dedicated legal services can help you navigate fare evasion allegations with confidence.The £49,000 Case: A firm that you can rely onThe BBC article underscores the scale of fare evasion, with SWR’s enforcement officers working diligently to address ticketless travel, which costs the UK rail industry nearly £240 million annually. The £49,000 case, involving alleged fare evasion over five years, was a complex and high-stakes matter. Samir Moftah, a leading solicitor at Manak Solicitors, represented the client in this case and secured a successful outcome. This achievement demonstrates our firm’s ability to handle even the most challenging fare evasion cases, ensuring our clients receive the best possible resolution while protecting their rights and reputation. Our client avoided a criminal record.Understanding Fare Evasion ChallengesAs the BBC article notes, SWR acknowledges that “genuine mistakes happen,” but the operator is focused on tackling systematic abuse. Fare evasion allegations can lead to serious consequences, including fines of up to £1,000, criminal prosecution, or a criminal record that could impact employment and travel opportunities. Whether your case involves a single incident or a more complex matter like the £49,000 case, Manak Solicitors has the expertise to deliver results.How Manak Solicitors Can Help YouManak Solicitors specialises in representing clients accused of fare evasion on SWR and other transport networks, offering comprehensive legal support to achieve the best possible outcomes. Our services include:Case Assessment: We thoroughly review your case to ensure a strong submissions to settle cases.Protecting Your Future: We work to avoid criminal records, safeguarding your employment and travel prospects.Personalised Support: Every client receives clear, tailored guidance to navigate the process with confidence.Why Choose Manak Solicitors?With offices in London and Kent, Manak Solicitors is well-positioned to assist clients across SWR’s network and beyond. Samir Moftah’s success in the £49,000 case highlights our firm’s ability to deliver results in complex fare evasion matters. Our team’s expertise and client-focused approach make us the trusted choice for those facing fare evasion allegations.The BBC article emphasises the importance of addressing fare evasion, but it also underscores the need for expert legal representation. At Manak Solicitors, we’re committed to achieving outcomes like the one in the £49,000 case, helping clients move forward with peace of mind.Contact Manak Solicitors TodayIf you’re facing a fare evasion allegation on South Western Railway or any other transport network, don’t face it alone. Contact Manak Solicitors for a confidential consultation. Our expert team, led by Samir Moftah, is ready to fight for your rights and secure the best possible resolution. Visit our website at www.manaksolicitors.co.uk or call us at 01689 870769 to speak with Samir Moftah. Let us help you achieve a successful outcome, just as we did in the £49,000 case.Manak Solicitors – Your trusted partner in fare evasion disputes.

Your Trusted Partner in TFL Fare Evasion DisputesA recent article by The Independent (28 May 2025) brings to light the growing issue of fare evasion across Transport for London’s (TFL) network particularly the London Underground. With fare dodging reportedly costing TFL around £150 million annually, enforcement measures have intensified, and the penalties for passengers are steeper than ever.At Manak Solicitors, we understand how overwhelming a fare evasion allegation can feel. What may start as an honest mistake can quickly become a serious legal matter. Our experienced team offers calm, clear and expert legal support, ensuring your rights are protected and your case is handled with care.The TFL Fare Evasion CrackdownAccording to The Independent, TFL is increasing its use of revenue protection officers and advanced technologies, such as CCTV and ticket barrier data, to clamp down on fare evasion. Passengers found evading fares can face:Penalty fines of up to £1,000Criminal prosecutionA lasting criminal recordWhat may seem like a minor mistake, such as forgetting to tap in or using an invalid ticket, can escalate quickly without proper legal guidance.TFL has also introduced more measured enforcement options, such as warnings and out-of-court settlements. However, understanding and accessing these outcomes can be challenging without legal representation.How Manak Solicitors Can HelpWe specialise in fare evasion cases across the TFL network—including the Underground, buses, and trams. We know these cases often have more nuance than first meets the eye, and we’re here to help you navigate them.Our legal support includes:Expert Case Review: We analyse TFL's evidence to find discrepancies or possible defences, particularly in cases of mistaken or accidental fare evasion.Negotiation and Settlement: We strive to resolve cases through warnings or out-of-court agreements, whenever possible, thereby avoiding prosecution.Protecting Your Future: A criminal conviction can impact employment, visas, and travel. We work to protect your record and reputation.Tailored Legal Advice: Every case is unique. We help you understand your rights and the best course of action, whether that’s challenging the case, paying a penalty, or defending against prosecution.Why Choose Manak Solicitors?With offices in London and Kent, Manak Solicitors is well-placed to support clients across the TFL network. We combine in-depth legal expertise with a supportive, client-first approach to achieve the best possible outcomes for those facing fare evasion allegations.Meet Samir Moftah – Our Fare Evasion SpecialistSamir Moftah leads our fare evasion team. As a seasoned solicitor with extensive experience in TFL-related matters, Samir has helped countless clients avoid convictions and secure fair resolutions. His sharp legal knowledge and calm, methodical approach offer our clients reassurance and results.Need Support? Speak to Us TodayIf you've received a fare evasion letter or are facing prosecution from TFL, don’t panic; speak to us first. Our team, led by Samir Moftah, is here to guide you clearly and confidently through the process.Call us on 01689 870769Visit: www.manaksolicitors.co.ukManak Solicitors — Trusted, professional, and here to help. 

When a relationship or marriage breaks down, agreeing arrangements for your children can be difficult. There will almost always be some level of dispute between you and your ex-partner, and both of you will likely want what you believe to be in the best interests of your children.Often, separating parents can agree child arrangements between them. Unfortunately, this is sometimes impossible, and therefore assistance from a solicitor and/or a mediator is required to help you to reach an agreement.Sometimes, one parent may have concerns about the other parent’s ability to appropriately care for the child. This could be for a range of reasons, including their own anxieties, especially if they have historically provided more day-to-day care, or safeguarding concerns.In these circumstances, steps can be taken to assuage any concerns that the parent who is withholding contact may have. For example, the other parent could provide specific assurances, or contact could be supervised by an agreed friend or family member or take place in a contact centre.If child arrangements cannot be agreed outside of court, you would need to consider making an application to the court. Your solicitor will be able to advise you as to the best course of action.At Manak Solicitors, reaching a swift agreement in an amicable and conciliatory manner is at the forefront of our approach to such matters. Whether your dispute can be resolved swiftly, or if perhaps more work or even the intervention of the court is required, we will always endeavour to help you reach a resolution in a cost-effective, empathetic, and child-focused manner.Contact us today for a free 10-minute no obligation call.

Legal Analysis of "Fare Dodgers: At War with the Law" – Season 2 Premiere (19 May 2025) On 19 May 2025, Channel 5 aired the season 2 premiere of Fare Dodgers: At War with the Law, offering viewers an inside look at the efforts of revenue protection teams tackling fare evasion on the UK’s rail network. The episode followed Transport for London (TFL) investigators, as well as South Western Railway officers, as they confronted fare evaders, ranging from simple to sophisticated cases. At Manak Solicitors, we watched the programme with keen interest, as it highlights the legal complexities surrounding fare evasion. In this area, our experienced team, led by Director Samir Moftah, has successfully represented countless clients. Below, we provide a legal analysis of the episode, exploring the implications of fare evasion and the critical role of expert legal representation.The Scale of Fare Evasion and TFL’s Enforcement ApproachThe programme underscored the staggering financial impact of fare evasion, costing TFL and other rail operators an estimated £240 million annually. The episode showcased TFL’s proactive enforcement strategy, with investigators using advanced tracking systems to identify suspicious activity, such as passengers tapping out at one end of a journey to underpay fares. One case involved a fare evader allegedly evading payment on multiple journeys using a free travel pass, specifically a Freedom Pass, highlighting the seriousness with which TFL pursues such cases. TFL have software which can identify suspicious travel patterns. This was a carefully executed operation in which the fare evader was identified using gate line data and CCTV footage. When stopped, the individual was questioned and asked to accept the journey, which was not paid for. Technically, the fae evader did not have to answer any questions beyond confirming their name and address. TFL, however, often appreciates cooperation and honesty when assessing cases.From a legal perspective, fare evasion is typically prosecuted under the Regulation of Railways Act 1889 or TFL’s byelaws, which cover offences like failing to produce a valid ticket or misusing travel passes. These can lead to fines or, in more serious cases, criminal convictions. The episode illustrated the discretionary power of revenue protection officers (RPOs) to issue warnings, penalty fares, or escalate matters to TFL’s Prosecution Team. There was an incident, for example, where the SouthWestern Trains officer very patiently informed a passenger over three times to go back through the barrier and pay for their ticket properly as they would have short-fared. Technically, an offence had already been committed, but the officer decided to use their discretion. This discretion is pivotal, as it shapes whether a case results in a simple penalty or a court summons, potentially impacting an individual’s employment and personal life.Key Legal Takeaways from the Episode The Role of Revenue Protection Officers The programme highlighted the authority of RPOs to caution and interview suspected fare evaders on the spot. Legally, RPOs must adhere to proper procedure when questioning individuals, ensuring they are cautioned appropriately in accordance with the Police and Criminal Evidence Act 1984 (PACE). Failure to do so could weaken a prosecution case, providing an opportunity for skilled solicitors to challenge the evidence. At Manak Solicitors, we often scrutinise the process involved at the initial scene. How a client conducts themselves at the scene will usually help determine our strategy for the case; for example, dishonesty or rudeness would need to be addressed.The Prosecution Process and Out-of-Court Settlements The episode did not delve into what happens after an RPO refers a case to the Prosecution Team, but our experience at Manak Solicitors fills in the gaps. Typically, individuals receive a letter from TFL or the train operator requesting comments to be “taken into consideration” before deciding on prosecution. Without proactive intervention, these cases often proceed to court, potentially resulting in a criminal conviction under the Single Justice Procedure (SJP) or a full hearing.The programme’s focus on a fraudster misusing a free travel pass reflects a common scenario we handle. Such cases would be pursued under a Railway Byelaw. However, as Samir Moftah’s track record demonstrates, early intervention through formal written representations can often persuade TFL to settle out of court, sparing clients a criminal record. Our firm has secured a high number of such settlements, leveraging our strong working relationship with train company prosecutors. The Human Impact of Fare Evasion Allegations The programme’s portrayal of fare evaders ranged from opportunistic barrier-jumpers to calculated fraudsters, but it’s critical to recognise the human side of these cases. Many individuals we represent at Manak Solicitors face allegations due to genuine mistakes, such as using an invalid discount card or forgetting to tap in. A criminal conviction can have devastating consequences, including job loss or immigration issues. The episode’s depiction of TFL’s control centre, tracking suspicious activity, underscores the sophistication of modern enforcement, making legal advice essential to navigate these challenges. Why Legal Representation MattersThe Fare Dodgers episode illustrates the high stakes of fare evasion cases, where a seemingly minor infraction can escalate quickly. At Manak Solicitors, we understand the anxiety that comes with receiving a prosecution letter or facing a court summons. Our approach, honed over years of practice, focuses on early intervention to avoid court proceedings. Samir Moftah, with over a decade of experience and hundreds of five-star reviews, is well-placed to assess your case, advise on strategy, and negotiate with prosecutors to minimise disruption to your life. For those featured in similar situations to those on the programme, we recommend you act quickly upon receiving a letter from TFL or a train operator. A 10-minute free consultation with our team can clarify your options, whether it’s challenging the evidence, negotiating a settlement, or preparing a robust defence in court.Contact Manak SolicitorsIf you’re facing a fare evasion allegation or have concerns about a past conviction, now is the time to act. Visit our dedicated Fare Evasion page to book a consultation or contact our expert team directly.Call us on 01689 870769Email: [email protected] for Samir Moftah or a member of our dedicated Fare Evasion team. 

Understanding TOLATA Cases: How Manak Solicitors Can Help You Resolve Property DisputesProperty disputes can be stressful, particularly when they involve co-ownership or unclear beneficial interests. If you’re facing a disagreement over property ownership or usage, you may have come across the term “TOLATA”. But what exactly is a TOLATA case and how can Manak Solicitors assist you? In this blog post, we’ll explore TOLATA claims, their importance for unmarried couples and co-owners, and why our expert team at Manak Solicitors is your go-to choice for resolving these complex disputes.What Is a TOLATA Case?TOLATA stands for the Trusts of Land and Appointment of Trustees Act 1996, a key piece of UK legislation designed to settle disputes over property and land ownership. Unlike married couples who can rely on family law to divide assets during a divorce, unmarried couples, family members or co-owners often turn to TOLATA to resolve disagreements. A TOLATA case can determine: Ownership Shares: Who owns what percentage of a property. Sale of Property: Whether a property should be sold and how proceeds should be divided. Occupation Rights: Who has the right to live in or use the property.Common scenarios for TOLATA cases include unmarried couples separating, family members disputing inherited property or co-owners clashing over whether to sell. If you’re in one of these situations, Manak Solicitors has the expertise to guide you through the process.Why TOLATA Cases MatterFor unmarried couples or cohabitees, TOLATA is often the only legal recourse to protect your financial contributions to a property. For example, if you’ve paid towards a mortgage, renovations or upkeep but your name isn’t on the title deeds, a TOLATA claim can help you secure your rightful share. Without this legal framework, you risk losing out entirely. At Manak Solicitors, we understand the emotional and financial stakes involved and we’re here to fight for your interests.How Manak Solicitors Can Help with Your TOLATA CaseAt Manak Solicitors, our experienced property dispute team specialises in TOLATA cases across the UK. Here’s how we can assist:Expert Legal Advice: We assess your situation, review evidence like financial contributions or agreements and advise on the strength of your TOLATA claim. Negotiation and Mediation: Court battles can be costly and time-consuming. We prioritise alternative dispute resolution (ADR) to reach amicable solutions where possible. Court Representation: If your case goes to court, our skilled solicitors will represent you, presenting a robust case to secure the outcome you deserve. Tailored Solutions: Whether you want the property sold, your share recognised or occupation rights clarified, we customise our approach to your goals.Based in Kent with offices in Orpington, Sevenoaks and Gravesend, we proudly serve clients locally and nationwide, bringing a personal touch to every TOLATA case.The TOLATA Process: What to ExpectNavigating a TOLATA case can feel overwhelming but with Manak Solicitors by your side, it’s straightforward. Here’s a quick overview:  Step 1: Evidence Gathering: We help you compile proof of your contributions—think bank statements, receipts or written agreements. Step 2: Pre-Action Protocol: We contact the other party, outlining your claim and attempting negotiation or mediation. Step 3: Court Application: If no agreement is reached, we file a claim seeking a court ruling. Step 4: Resolution: The court decides ownership, sale or occupation and we ensure the outcome is enforced. Our team keeps you informed at every stage, minimising stress and maximising results.Why Choose Manak Solicitors for TOLATA Cases?  Proven Track Record: With years of experience in property law, we’ve successfully handled numerous TOLATA cases for clients across the UK. Local Expertise: Our Kent-based team understands the regional property market, giving us an edge in TOLATA disputes. Client-Focused Approach: We prioritise clear communication and cost-effective solutions, earning us glowing reviews from satisfied clients.Common TOLATA Case Examples  Unmarried Couple Breakup: One partner owns the home but the other contributed to the mortgage. We can help prove a beneficial interest. Family Property Dispute: Siblings disagree over an inherited home’s future. We can secure a fair division or sale. Co-Owner Stalemate: One co-owner wants to sell, the other doesn’t. We can push for a court-ordered sale if needed.Get Started with Manak Solicitors TodayIf you’re facing a property dispute and think a TOLATA case might apply, don’t wait. Time limits under the Limitation Act 1980 could affect your claim. Contact Manak Solicitors today for an initial consultation.Call us at 01689 870769 or Email [email protected] to speak with our TOLATA experts.Based in Orpington, Sevenoaks, Biggin Hill, Bromley and Gravesend, we’re ready to help you reclaim what’s yours.