Predatory driving instructor. Daughter wants refund. Help!

[friendlyflicka]

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.

As she is under 18 she is still legally a child so contact the local safeguarding board and report the abuse. Even if it is his word against your daughters he will be on file if anything gets reported by any one else . And they will investigate it now obviously .

I'm sorry but I don't understand why you don't write a review. I have a business and if someone put a review online saying anything even close to this that person would be sacked and the customer refunded. Immediately.

Obviously it would never happen because I don't have people like that but it's a real problem when we get the odd mad customer. It will do more than the police because it's the reputation of the business!

Oh my god my first driving instructor was horrendous. I didn’t learn for years because he really screwed me up and did lots of inappropriate things (no sexual touching but open chat) that put me off like stories of people learning and just passing killing people and conversations about inappropriate subjects and arguments to his girlfriend. Being alone as a young person with an older person in a small space can be very discomforting.

I agree with the others. Tell them in no uncertain circumstances that you will be taking this further if they don’t comply. You expect a refund AND a separate full investigation into this person. I know your DD doesn’t want it taken further, but please gently remind her that other young women may not be as confident as her and may end up in compromising positions and to please reconsider taking it further.

I really feel for her, how awful. I hope you get your money back and she has happier lessons.

I don't think you need to pay a solicitor, there is plenty you can do yourself.

The driving instructor's behaviour was sexual harassment and unlawful under the Equality Act.

www.citizensadvice.org.uk/consumer/discrimination-in-the-provision-of-goods-and-services/discrimination-in-the-provision-of-goods-and-services1/goods-and-services-what-are-the-different-types-of-discrimination/discrimination-in-the-provision-of-goods-and-services-harassment/#h--strong-what-s-meant-by-sexual-harassment-strong-

The first thing you need to do (if you haven't yet done so) is to write a formal letter of complaint to the driving school, point out that it was sexual harassment and unlawful under the Equality Act, and that if they do not offer a full refund and an apology with a certain time frame (give them 14 days maybe?) you will seek specialist advice with a view to taking legal action.

If they don't respond to your complaint or refuse your request, there are further steps you can take, including reporting to trading standards and going to small claims court. If you paid by card, you could also try claiming the money back via your card provider.

More info and advice:

www.citizensadvice.org.uk/consumer/get-more-help/Solve-an-ongoing-consumer-problem/

www.citizensadvice.org.uk/consumer/discrimination-in-the-provision-of-goods-and-services/discrimination-in-the-provision-of-goods-and-services1/taking-action-about-discrimination-in-goods-and-services/taking-action-about-discrimination-in-the-provision-of-goods-and-services/

The incident is on record with the police. She is just not pursuing in through the court. So there is a safeguarding note for any future allegations.

The head of driving school is very aggressive. I do not want to start any campaign online against him while DVSA is looking at the case.

As far as I understood, my contract was with the driving school. That is whom I paid. Looking at their t&cs they make it clear that all refunds are with the individual instructors. I only have the instructor's number by chance (to let us know he had arrived on the first day) and I would feel extremely uncomfortable contacting him about anything.

She / you should report to the police - so it's on record. What a horrible thing to happen. Whilst I understand about the money - this needs to be a priority. The money - start a small claims court claim. Then review the hell out of the company to warn others not to use them.

The driving school only see taking this to the dvsa as a threat because they know there's a problem. I doubt it's the first complaint. Unfortunately these situations come up again and again with driving instructors trying it on (Mine did most of what was listed, he was also my mum and brother's instructor at the same time and they had nothing like the same experiences as me).

How absolutely horrendous for her and you. I concur that a police report needs to be made, and all the other suggestions about contacting your MP and the media are worth pursuing.

Is there a professional body for Driving Instructors? They need to know about this ASAP.

I hope your daughter is able to process her experience and come out the other side with no lasting damage. All the very best as you aim to get your money back, too.

thanks @anotheremma. I will try this if I get no help from DVSA. looking on their site, they do not help with recovering funds.

I don't want to involve a solicitor, because any money refunded will be engulfed by their fee.

driving.org/ - they may have advisors who can help you in what to do.

Don't wait to hear from DVSA, send your written complaint to the driving school immediately.

And thanks all of you. Feeling rather alone with this, and with a very abusive past, nice to have all your sisterhood/support

Also if you paid the driving instructor directly (as opposed to the driving school) you will need his name and address in order to make a money claim against him. So you will need to get this from the driving school if you don't already have it.

Can people stop victim blaming please.
The DD has reported to the police.
They can choose to pursue it or not (they wouldn't necessarily drop it just because she tells them to).
If this man continues to harass others that is on HIM not the DD.
Our system is broken and that's why victims of abuse, harassment and rape are so reluctant to report and pursue it.
Blame the system not the victims!

Can we get this 100% clear OP you paid the instructor or the school? What method of payment did you use? If it was a bank or credit card you can ask for a reverse payment.

As far as I understood, my contract was with the driving school. That is whom I paid. Looking at their t&cs they make it clear that all refunds are with the individual instructors.

Are they claiming to act as an agent or broker for the instructors?

How did you pay them? Credit or debit card?

Thanks again @AnotherEmma. If there is absolutely no proof then no criminal conviction will be made unless there is already a string of allegations against him and at that point the police would take action. So don't get angry with me or my daughter @GisAFag it is on record, that is there for the future.

BTW it doesn't matter if the Driving school has a note in their contract saying you can only get a refund from the instructor, your contract is with them - the wording is an unfair term and as such is not enforceable. Its like a shop having a sign up saying "no refunds"!

Have the DVSA not offered you any advice on a refund? In any case, try the reverse payment, or start a money claim against the company to whom you paid the money.

They say they are an agency. I paid first instalment on debit card and then bank transfer.

I'd say you have a good case with the credit card company and the bank.

I’ve no doubt you’ll get a full refund if pushed. There is no way the driving school or instructor would want this complaint made formal or public.

I’d gently try and encourage your daughter to make a complaint and that she’s doing the right thing by doing so. Potentially protecting others.

Another avenue - Did you pay by credit card? PayPal?

Yes, speak to the bank that issued the debit card about a recovery of the whole fee paid.

Small claims court

small claims court

We did this a few years ago. It’s very easy, and all done online. You don’t actually go to court (or it’s a last resort). Any costs occurred gets passed on so you get them back (if you win).

@friendlyflicka

My daughter didn't want to proceed with the police for the reason that it was her word against his and it wouldn't go anywhere. He didn't have a camera in his car.

so I contacted DVSA on Friday and apparently they respond within 10 days in 90% of cases.

The director of the driving school says the right things about safeguarding but if I suggest that he has any responsibility each financially or legally, he accuses me of threatening him. He was quite aggressive on the phone and is hard to deal with. He keeps turning the tables and saying that we are threatening him when I say I will go to DVSA. He has to have the last word in any email string.

So I have gone to the DVSA. Hopefully they will be of some help. But I just really want to know how to get back the money because he is pretty horrible to deal with. I presume he is quite strapped for cash after Covid, perhaps.

I want to use a cheap external mechanism. I think small claims court probably is the best.

Sod him if he thinks its threatening. He has a safeguarding responsibility. That means HE has to deal with it, not you suck it up. He is trying to bully and intimidate you into dropping it - thats threats in themselves. Thats covering up for inappropriate behaviour and not dealing with the problem.

Uber have had a major problem with taxi drivers and have trying to avoid taking responsibility and haven't got very far legally on that score, despite taking the line that their drivers are self employed. They are contractors and you have a contract with the driving school who contract out. It makes fuck all difference what they say about it being with the driving instructors - what is their purpose and job role otherwise? They CAN NOT just absolve themselves of all responsibility. They have a duty of care whether they want to admit it or not.

See rulings on this about uber and responsibility for the conduct of their drivers. I strongly suspect the driving school is liable, and yes I would be saying they need to step in and deal with this, otherwise yes you will be going legal and bringing their name into the matter even if you don't decide to go legal.

YES you SHOULD threaten legal action as you are within your rights to. The fact they are not liking this, does suggest they KNOW there is a problem.

Get confrontational. Its appropriate.