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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Predatory driving instructor. Daughter wants refund. Help!

357 replies

friendlyflicka · 16/08/2020 12:31

If anyone has experience of how to proceed with this I would be so grateful.

My just 17 year old daughter booked to go on an intensive driving course and paid more £1000 up front. As far as i knew we were booking through a driving school which seemed businesslike etc.

My daughter came back after the first day, visibly shaken. At 11 pm that night she asked if I or her boyfriend could go with her the next day. At 8 am - she was due to be picked up at 9 - she told me she couldn’t face going with him in the car. That he had been very ‘touchy’ and then she told me a string of very inappropriate comments he had made all sexual throughout the day.

I have no doubt that she is telling the truth. That is not my issue at all. And the emotional issue and toll on my daughter - can handle this as well: we are.

I contacted driving school and said that she would not be proceeding and then sent email detailing the instructor’s behaviour. The reply was that it was my daughter’s word against his and that he would speak to the driver the next day.

I rang the police for some advice because I didn’t know whether this was a civil matter. They were keen to press further, They said as a safeguarding issue they needed to speak to the driving school

The driving school absolutely absolved themselves of all responsibility for either the safeguarding or financial issues: the instructor was self employed: he had my daughter’s money.

I have made a complaint to DVSA about all issues. My daughter is upset but wants her money back. And just wants to start again: found a nice local instructor.

How do I go about things? I am dealing with the safeguarding through DVSA hopefully. But how do I recover her money. She was booked for 4 days: day 1, he allegedly assaulted her. Day 2, she cancelled after the 24 hour policy. Last 2 days she should be refunded whatever the results of any safeguarding enquiry.

Please tell me how to proceed. Purely in a financial sense to recover her money.

OP posts:
RubyTuesdayBlues1 · 27/01/2021 12:35

Hi Op, I'm afraid I don't any legal advice but I just wanted to say I remember seeing the original thread and how pleased I am to see you haven't let this go, I'm sure it hasn't been easy.

I'm so sad to see how many women have been through similar, hopefully when you've got through this it would be great to get some publicity though I appreciate your daughter may not want that.

It sounds like learning to drive needs a #metoo moment. Maybe Women's Hour would be a good place to start?

friendlyflicka · 27/01/2021 20:06

Good idea. I love Emma Barnett.

Until the case is over, I don't want to inflame the situation. Afterwards I will post loads of negative reviews and tell the local papers or something.

OP posts:
DifficultBloodyWoman · 27/01/2021 20:47

@asIlayfrying

Glad you are pursuing this and looking after your daughter.

I remember getting ripped off in various ways a lot as a young woman. And older woman lawyer I knew at the time (my boyfriend's uncle's girlfriend, loved her, she was so wise, better than the boyfriend and I wish I could track her down, but I digress) told me something very useful.

  • Always threaten to go to the papers. Tell them you feel it's a public duty to warn people of this behaviour as you would hate anyone else to go through the same thing. If you're young and photogenic it will appeal.

Obviously doesn't apply to this case but as a general rule it's worth mentioning/using. And of course google reviews are also worth dangling (get the money and then write the review anyway.)

And yes I remember driving instructors being disgusting. It's one of those jobs that should require a working with children clearance but doesn't. Mine was a failed school teacher and he was a pig.

Your lawyer friend gave good advice.

I spent 6-8 weeks chasing a refund from the head office and was fobbed off with a number of crappy excuses. They had agreed the refund, it wasn't disputed but the person that deals with it won’t be in tomorrow, the person that signs the cheque is on holiday, in the end they just didn’t answer the phone to me so I assume they had caller ID.

I called the franchise owner who had always been reasonable and told him that I was sorry his business was about to be destroyed because I was going to get as much publicity for this as humanly possible through local and national newspapers. I asked if he had another number for the head office. He said he would try to speak to them.

My refund cheque arrived in the post via registered delivery at 8.15 the following day. I remember because it woke me up from a much needed lie in and I nearly didn’t answer the door. 😂

friendlyflicka · 27/01/2021 21:57

that is the trouble with this driving school. The Director is completely aggressive and uncooperative. If I went to the papers or threatened to go to the papers, he would start proceedings against me for libel.

I actually dislike him as much as the instructor he is protecting.

So I am just trying to follow a complicated legal process and when I get to the end of it, I am free to say whatever I like.

OP posts:
TeaFamily · 27/01/2021 22:43

Keep going and well done OP.

Bought this particular tee shirt unfortunately - hopefully it will teach your DD it’s good to stand up for herself and she will know you’ve got her back :)

friendlyflicka · 28/01/2021 20:31

I am sorry @TeaFamily

OP posts:
Santaiscovidfree · 28/01/2021 20:38

Your dd is a credit to you op...
Hope he gets his comeuppance...

peach1234 · 28/01/2021 21:46

Just coming on to say good luck and well done for not backing down!!

These awful people abusing the fact they're sitting alone in close proximity to a teenager and getting off on it disgusts me and they shouldn't be allowed to get away with it.

This happened to me at 18, 40-45 year old instructor with pictures of his family in the car, he was constantly making comments about whether I liked coffee and should we stop for coffee or did I like hotels etc etc but English wasn't his first language so I always thought maybe things are being lost in translation... until one day he decides he would drive the car, took me somewhere I didn't recognise and took the learner sign off the top of the car and tried to kiss me... (his words were can you smell smoke on my breath and when I said no he said do you want to 🤮) I freaked out and screamed and shouted for him to take me home.
Luckily he admitted it when my parents complained and he was sacked and I was given free lessons with a lovely female instructor but that was 15 years ago and I still remember it like yesterday.

I hope you get the outcome your daughter deserves.

friendlyflicka · 29/01/2021 20:37

The application to include damages in the hearing next week was heard today:same judge as last time. Didn't go well. Judge said I would have to start a new fast track claim for that and I could use a solicitor to advise.

Next week actual hearing: not feeling optimistic at all but at least it will finish then, even if the outcome doesn't go my way.

OP posts:
friendlyflicka · 29/01/2021 20:39

to clarify: I applied to include damages for my daughter along with the actual refund. She said I couldn't amend a claim like that and would have to begin again, with my daughter as the applicant, as a separate fast track proceeding.

I have had a very adverse day all round

OP posts:
BoomBoomsCousin · 29/01/2021 21:21

That sounds like it was just a procedural decision, rather than something that bodes poorly for next week though, friendlyflicka?

Sorry it means an extra application to chase damages, but all the best for next week and well done for holding a bright light up to this creep's behaviour. Even if your cases go badly, this may well be the most accountable he's ever had to be and I'll bet your daughter isn't the only girl or woman he's done this to.

friendlyflicka · 29/01/2021 22:04

@BoomBoomsCousin Thanks: means a lot. I would hate the judge to rule in his favour. Would feel symbolic, and I don't think that is in anyway what she intends. I am not great at court proceedings, especially not when all audio.

OP posts:
friendlyflicka · 29/01/2021 22:18

ps I don't mean she intends to rule in my favour either. Just mean she is neutral

OP posts:
asIlayfrying · 04/02/2021 16:37

DifficultBloodyWoman So good. Sometimes it's the best option. At the time it was good advice for me because I didn't have the funds to take the legal route, but I can see the wisdom in what you are doing friendlyflicka and think both approaches have their merits.

Hope it goes well for you and your daughter.

Dogsaresomucheasier · 04/02/2021 17:12

Good luck for ?tomorrow and thank you for not backing down on this.

pappajonessecretchild · 04/02/2021 18:58

best of luck for tomorrow, and if you do decide to try and push for cameras in the cars, let us know, i am sure you have an army of support here. you would think nowadays they would automatically have them for the instructors protection as well as the driver. i am surprised that they havent, and when my dd15 is ready to learn i will be asking this question just by the information on your thread. thankyou for that.

MNCar · 04/02/2021 19:10

Good luck

harknesswitch · 04/02/2021 19:19

Good luck for tomorrow op Thanks

Wearethetwirl · 04/02/2021 19:20

Good luck OP

BenoneBeauty · 04/02/2021 19:39

Good luck for tomorrow Op.

BoomBoomsCousin · 04/02/2021 20:25

All the best for tomorrow, friendlyflicka. We'll be rooting for you.

friendlyflicka · 05/02/2021 18:21

Finally good news. Got a judgement in our favour at the court. Judge agreed that if you have strange t&cs you actually need to inform the customer. And that the instructor's behaviour was disgusting.

It was so nice not having to battle to get my point across.

It has still cost me half of what I gained but I am very glad I persisted. Once I have actually seen the money I am going to contact radio to try to change the law on cameras etc

OP posts:
RedWhineandgo · 05/02/2021 18:38

Well done. You've done a brilliant thing by your daughter and all those who follow. Brilliant OP Smile

Dogsaresomucheasier · 05/02/2021 18:44

Well done and, again, thank-you for your persistence with this.

GabsAlot · 05/02/2021 18:49

nice one op glad the judge saw it for what it was