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.

Over 16 I meant not 17

Yes, it get reported to children's services via the police. So is listed as a safeguarding issue.

Agree about the recorded delivery letter, although the company may refuse to accept it - or get a friend to film you posting a letter through the door of their registered address.

Dont post on social media - although libel is very difficult to prove if couched in terms of this was our experience. They need to prove it was not fair comment. You could post saying you were unhappy with the instructor and asking for other experiences. www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/defamation-defence-honest-comment-or-statement-of-fact#:~:text=The%20defence%20of%20honest%20comment,obstinate%E2%80%9D%20that%20view%20may%20be.

Posting on legal would get you better advice, they may suggest precedents on unfair contract terms you can remind the judge about.

I now have a hearing for small claims court against driving school. DVSA have found evidence of misconduct and have given instructor a warning. I have got in touch with driving school who still refuse to answer about helping me to get a refund or giving me contact details for the instructor.

Any advice welcome. (also posted on legal board)

Have you checked Companies House for addresses?

192.com

www.tracegenie.com/

You should be able to get his DOB from the companies house data that should make it easier.

If his phone number is a landline on his listing here: You can track down the exchange and then check electoral roll?

www.gov.uk/find-driving-schools-and-lessons

@lifecouldbeadream thanks very much. I will try that in the morning. I think I am going to talk to a solicitor in a free half hour and see if it is worth pursuing.

At least we have got somewhere because he is now listed and has been given a warning. And that is some sort of victory, even if we can't get a financial recovery.

People are always findable. Get a private investigator, they'll track him down.

I've not read the full thread but have you tried finding him on Facebook, etc?

@zurala The money involved in the case is not large enough for that sort of output

Just an update on this and some more advice, please:

DVSA found enough evidence of assault to give him a warning.

So, I took the advice of a solicitor (don't think I can claim this back as small claims matter) who wrote me a counter response saying that because t&cs were completely hidden in their website, and not referred to at all on the invoice, and because I booked over the phone and again no mention of them, the school was responsible for refunds because they made no reference at any point that they acted as an agency only.

Because of this I have the right Defendant listed and should continue with this. He told me I needed to claim for damages on behalf of my daughter at this time and ask for an amendment to the original claim (for refund only). Because if I claimed at a later date this could be seen as an abuse of process (Henderson precedent - which I have read).

for this reason, I paid out yet more court fees to ask for a hearing to add damages to the claim. This is now being heard on Friday.

The next Friday is the actual hearing for everything now with the DVSA finding that the instructor is culpable.

Other relevant points: the instructor is still named and photoed as being available to teach under the banner of the driving school.

I tried to get the driving school to liaise (again as listed in their terms and conditions in which they specify refund must be sought from driving instructor not school) with the instructor. They ignored my requests - even after agreeing with the judge to do so at my preliminary hearing - and also refused to give me contact details for the driving. Even after the DVSA has found him culpable.

Need advice a) about all of it: what to say at each hearing - have some idea but now sure - and what I should say to substantiate claim for damages for my daughter (I have asked for £1000), given that she was under age, this was a figure of authority, the length of time this has been spun has been cruel, she had to have either me or her boyfriend in the back of the car for her first few lesson with new driver. she wasted the opportunity given by the summer to learn to drive as a result of this.

Please help! I will also post this in Legal Matters. It is really specifically legal advice I need...

No real advice OP sorry rooting for you all way. Hope someone will be along soon.

I would take screenshots of the driving school website showing this man is still listed as an instructor, they are disobeying they court on that surely.

Good Luck OP- absolutely rooting for you. I’m pretty sure that in small claims court they’ll advise you with anything procedural. I’d be very surprised if it didn’t go in your favour. They ( school and instructor) have behaved disgracefully.

I’m not legal- but from previous experience. Take copies of everything- from emails, messages dates/times/photos of needed.

Put everything in order sequentially in a folder, then tab and label so you can find easily if needed.

Make a list of the points you want to make, and any evidence you have of this- so anxiety caused= chaperone during lessons- lost time= inability to apply for more flexible jobs/whatever.

My first driving instructor smoked in the car (early 1990s), and told lots of boring stories which centred on how great he was.

Nothing sexual, but didn't help with my driving, I switched instructors to a much more chilled out and supportive older chap and passed second time.

thanks, I think it is actually me who needs to claim damages....I have found this process - from finding out about the initial incident to trying to discuss with driving to dealing with DVSA and navigating the small claims court in quite a complicated (in terms of who is liable) and emotional issue, very very upsetting and draining and am dreading both court hearings.

What actually going to give up until the DVSA sided with more daughter. If I have the energy after this case has concluded, I think I will like to join some campaign for cameras to be essential in learner driver cars.

Times like this when you wish the Daily Mail were scouting around for articles.

I can only see first page, so forgive if I've got it wrong, I'll try and read next few pages in a minute.

I don't understand why OP is focusing on DVSA investigation.
Email driving school owner, because that's who you paid, and ask for immediate refund. Tell him your'll go small claims in a week, if he doesn't respond. That's the best way of getting your money back surely. DVSA won't actually give/get your money back, will they?
Also Ask your credit card for refund.

You've written to him already threatening action?
So go straight to small claims. Small claims is so easy. And cheap. I've done it twice, at work, for creditors who owed us money who ignored emails endless phone calls, recorded delivery letters (by the way send one if those today aswell) You have emails as evidence of you asking for your refund. So go small claims online. So easy. And effective. You won't regret it.

Wow, how awful. Good for your daughter for speaking up and all that you've done yo follow up and support her.

I don't doubt that you'll recover the money in the long run.

Makes my blood boil that this is still going on, I had a pervy instructor back in the 90s. He used to ask me if I was on my period.

@friendlyflicka

Tell Your Local Newspapers About Creepy Dodgy Driving Instructor And Driving School Attitude too.

Tell Face book about Driving Instructor and about Driving School Attitude too

Tell Your MP about This too.

Get in touch with Civil Courts to claim back all the Money that you have given to Driving School

Take Driving Instructor /Driving School to the Courts about the sexual Assault of your daughter !

@Gancanny

I had a driving instructor who did this to me. Hand on my thigh to demonstrate how hard to press the pedal, "jokey" stories while driving about various sexual escapades, telling me to pretend the gear stick was a dick and to be firm enough that it's fun/not so hard that I hurt it. It was awful and was interspersed with comments about how it's more difficult to teach women to drive because we take longer to grasp the fundamentals, "too busy thinking about shoes and what to cook for dinner hahaha"

The driving school didn't want to know, tried to spin me the same spiel about drivers being self-employed and then hung up on me. I emailed them so I had my complaint in writing/a paper trail and then followed it up with a second phone call the next day. I told them that they were the company my contract/transaction was with and as the company, they were answerable for the conduct of their drivers and it was their name on the side of the car. I said that if I was not refunded for my lessons then I would make a formal complaint to the DVSA, would proceed with a harrassment complaint to the police, and would leave brutally honest reviews on every driving lesson related forum I could find starting with their Facebook page and the residents group where they frequently advertised. They refunded me. I still left reviews in their FB page and the residents group and was really annoyed a few months later when I drove past him and he was still in the school-branded car giving lessons so I also made the complaint to the DVSA even though I'd said I wouldn't when they gave me my refund.

Be a squeaky wheel OP, dint let it drop until your satisfied with their response.

This. Handle it like this.

Justread your most current update.
Wow. Glad you're still pursing it, even though it sounds awful. They ned to be held accountable.

I cannot offer any advice but hope you get justice.

@friendlyflicka

Tell the Police about the sexual Assault and Advances of this Driving Instructor of your Daughter so its on record !

He should not get Away with this !

He should be taken to the Courts to

I wouldn't be surprised if this not the first time he has tried this on,Sexually Assaulted other young women taking Advantage of them too.

Also I think if you told the Local News papers about what happened other young Women will potentially protected and other young women he has sexually Assaulted /or made sexual advances will have confidence to come forward too

I don't have any legal advice but I just wanted to say well done on pursuing it and not giving up. Your daughter must be very proud of you. (I had also had a driving instructor 30 years ago who was very handsy and did not respect women and girls at all - bet there are loads of them around. I agree that putting cameras in the car would be a good idea).