driving instructor
Discussion
any legal advice gratefully accepted, my brother paid up front for 10 lessons from 'dsa approved instructor' had 4 then instructor rang to say car had puncture, not able to contact him for several weeks over xmas then finally he answered his mobile and said he'd been in usa and when jet lag has cleared he will contact bro to arrange next lessons. No word from him not unsurprisingly, but bro has test in 3 weeks no instructor and lost about £100. My question (finally!) is there a professional body to complain to and daft question really would the police be interested?
Would agree with J above as it seems there is a breach of contract the remeby for which lies with Civil Court.
However, Driving Standards Agency (Approved Driving Instructor Branch, StanleyHouse, 56 Talbot Street, Nottingham, NG1 5GU) may have an interest as Instuctor involved should be Registered with them and is not giving a service compatible with road safety (spasmodic and uncoordinated instruction).
dvd
However, Driving Standards Agency (Approved Driving Instructor Branch, StanleyHouse, 56 Talbot Street, Nottingham, NG1 5GU) may have an interest as Instuctor involved should be Registered with them and is not giving a service compatible with road safety (spasmodic and uncoordinated instruction).
dvd
cheers for the replies, strangely enough when my dad rang today and left the message that he would be looking for a new instructor and would expect the balance of my bro's money back by return, the instructor rang us and has arranged lessons for this week. All our previous phone calls were just messages asking him to contact us which he didn't.
As DVD says, the DSA would be interested only if he wasn't a registered instructor. But as he is, he is responsible for having a very unprofessional attitude to his job. Communication wise that is, for which I think is totally wrong.
It sounds like your brother booked his test without telling the instructor, at least thats how your post reads. The instructor has the right to with hold the use of his car for a test if he thinks the learner is not ready and the learner has booked it without telling him. If this is the case, then he owes your brother more lessons but not necessary before the test date.
My advice would be to sack the t**t, insist for monies owed for untaken lessons and seek a more professional instructor
It sounds like your brother booked his test without telling the instructor, at least thats how your post reads. The instructor has the right to with hold the use of his car for a test if he thinks the learner is not ready and the learner has booked it without telling him. If this is the case, then he owes your brother more lessons but not necessary before the test date.
My advice would be to sack the t**t, insist for monies owed for untaken lessons and seek a more professional instructor
As lieber DVD say - complain to governing body und get fee back as you have paid for something you have not had. Can appreciate time running bit frantic with impending test - it will affect his nerve on big day. I would cancel impending test on this basis, then phone test centre each day to arrange new test on another cancellation und work to pass this test.
WildCat said:
As lieber DVD say - complain to governing body und get fee back as you have paid for something you have not had. Can appreciate time running bit frantic with impending test - it will affect his nerve on big day. I would cancel impending test on this basis, then phone test centre each day to arrange new test on another cancellation und work to pass this test.
I agree, going in for a test on this basis would not give the best chance of passing.
As has been said previously this is not a criminal matter but a civil one. The recourse if negotiation cannot resolve a problem is to take legal action to reclaim the monies paid. Whether this would be successful will be down to the details of the case. If your brother booked the test off his own back, this makes the situation difficult. The contract to supply ten lessons did not have further definition of when these would need to be performed. If this is the case the legal definition would be within a 'reasonable' amount of time. On a hunch, he would have to do a lot worse to be legally culpable under this. In his defense, he could also argue that it would be understood as a self employed person like any other, he would be entitled to take a holiday.
However, *if* the examiner arranged the test date, then took a holiday and then did not have enough time to get the student to test level, *then* you would have a legal argument. Any service you employ has a professional 'duty of care' to perform their job to the standard to which you pay for. From what you have said, he may be lacking here.
Before it comes to this though, I would exhaust all other methods. The examiner doesnt sound that good, but you may be a bit stuck if he sticks to his guns and wants to keep his money. There may be a situation where he could fit in enough lessons before the test, perhaps try for this? If not, I would suggest tactfully explaining that you think it would be better to use an alternative driving school, and ask for the remainder of the money paid.
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