Dispute - need help

moneytroll

I posted this on the Motor board but it probably belongs here:


I had only good experiences with the driving instructors from this school but when I took up driving lessons again last week with a new instructor, something very strange happened.

I booked more lessons with my driving school over a month ago, asking for an instructor who knows the area/exam route near where I live, leading up to my exam. I already had many lessons so I just needed to refresh quickly and familiarise myself with the new route. The first day, the instructor didn't show up. I called the school and they told me there was some "miscommunication". They arranged for the instructor to come the next day (at a very inconvenient time). The instructor was over 30 minutes late and said that we only had a bit of time to do the manoeuvres around my house and there was no time to take me to show the route. What was more disturbing was that I was demanded to pay for two full hours (instead of the received 1 hour 30 minutes). I didn't argue at the time and signed the sheet.

However, on the day of the exam, the instructor was late again! And then it turned out she didn't know the route nor the way to the test centre. So we got lost and I arrived 7 minutes late for my exam and wasn't allowed to take it. I was absolutely devastated. I again found myself with the sheet in front of me to sign for two full hours. This time, I respectfully rejected to sign and said that this was unacceptable and a terrible waste of time.
She said she would then just put it down as "late cancellation" and "get my money either way", whether I signed it or not.

I got on the phone with my driving school and explained what happened. After speaking with my instructor, they said they won't do anything about it as her story was "very different from mine". (Apparently she said I was "abusive" and didn't "follow her directions" and this was the reason why I missed my exam.)

I am absolutely devastated. Not because I wasted several hundred pounds on an incompetent instructor and the exam fee but because of the ridiculous lying and that I don't seem to have any protection as a customer with my driving school.

My school explained that their instructors are self-employed and the school only "arranges things" (this school is one of the largest UK driving schools with apparently the best reputation). And it basically comes down to "her word against mine".

Any idea what my position is? If she doesn't know the area (she admitted she teaches in a different area normally), is it my fault that we arrive late? If she herself arrives late, is it my fault that she can't find her way to my house? More importantly, why is the driving school simply ignoring me after her saying that I was "abusive"? (There are records that she was late, as I called the school, plus my wife is a witness, though i don't know if that counts, and they know she doesn't normally teach in this area.)

Any advice would be greatly appreciated.

halibut2209

What are they saying happened? We're only getting one side here

moneytroll

Of course it's only one side. I realise this. I am not asking to judge, I am asking to let me know what my rights are, as a customer, and potentially what legal steps I can take in this type of situation.

halibut2209 wrote: »

What are they saying happened? We're only getting one side here

They said the instructor said I was "abusive" and "didn't follow the instructions to the test centre" as the reason why we were late for the exam.
When I asked why they think it would be in my interest to get lost on the way to my exam, they wouldn't comment. Nor would they acknowledge that it seems more likely that an instructor who doesn't normally teach in this area, would have trouble finding the way. They simply said my instructor's story seems to differ so they won't do anything.

When I asked them why I was demanded to pay for two full hours even though the instructor was late, they said (after the first time) that I shouldn't have signed her time sheet or got into the car with her (she didn't disclose that she would charge me for two full hours until after the lesson was finished.) When I then didn't agree to sign the sheet on the day of the test, she said she would "put it down as cancellation".
Which doesn't make any sense.

Another detail: when booking hours for the day of the exam, I booked three hours through the driving school but my instructor said she would only take me if I paid for four hours, because it would fit her schedule better (basically, she didn't want to lose another hour as she wouldn't get in time to her other pupil, so wanted that hour from me). How on earth can this be legal?
When I called the school and they inquired with the instructor, apparently she said that I "needed 4 hours as I wasn't ready". (I had 3 minors + one major in my last test.)

Again, I know you will say it is only my side of the story, but assuming this is true, how would one deal with this sort of situation, almost out of some movie?
Can this be legal?

gordikin

You wanted 3 hours, the instructor wanted 4 hours...how is that illegal? It's a 'contract' thing...did you attempt to negotiate or did you just agree to it?

...some movie?...only if you are a Drama Queen!

moneytroll

gordikin wrote: »

You wanted 3 hours, the instructor wanted 4 hours...how is that illegal? It's a 'contract' thing...did you attempt to negotiate or did you just agree to it?

What do you mean? My driving school booked three hours for me on the day of the exam, with her. She turns around to me and says that she will only take me if I pay her for four hours. Of course I negotiated. In fact I almost begged her because I had other appointments, not because I couldn't pay her. I booked these three hours a month ago because my schedule is busy. In the end she said that she will come for two hours, but she turned up 30 minutes late. And we missed the exam.

halibut2209

Still confused. You booked 3 hours through her employers. She turned up, and demanded 4 hours, then you had 2 hours?

moneytroll

halibut2209 wrote: »

Still confused. You booked 3 hours through her employers. She turned up, and demanded 4 hours, then you had 2 hours?

No, she demanded 4 hours before she turned up (after the first lesson).
I called the school and spoke with the manager who in turn spoke with her and he then confirmed that she would only take me if I agreed to four hours. Even though originally I was booked for three, with the school.
I then called her myself and after a lot of negotiation, she agreed to two, so that she could still teach her other pupils. She was still late.

Btw, she said she was "self-employed" and I gather all the instructors are self-employed and the school just takes bookings/arranges things. This might explain why the management does not seem to be giving any thought to my complaints. I am not sure.
I am just trying to find out what my rights are in a situation like this.

paddyrg

Tough to prove blame, but tell that driving school to f'off at least, and book a local independent instructor from hereon in. They know the roads, the timings, the local test centres and routes, and even the inspectors. And are probably cheaper, too.

moneytroll

paddyrg wrote: »

Tough to prove blame, but tell that driving school to f'off at least, and book a local independent instructor from hereon in. They know the roads, the timings, the local test centres and routes, and even the inspectors. And are probably cheaper, too.

I wish I could. But I have a credit of 40 lessons with them. Which they will only refund after I pass...

I think it is not too difficult to prove she was late, if my driving school records calls, as they say they do. I called every time as soon as she was late. I got disturbed by the fact when she mentioned the word "abusive". Because for what I know, because there's only two of us in the car, she could make up all kinds of things :eek: and if her word always supersedes mine, then I am actually scared.
But I just don't believe there is nothing that can be done.

societys_child

I sympathise with you entirely, I think I would put it in writing as concisely as possible, pointing out that you have a witness to the fact she was late and emphasis that she did not know where the test station was. Also that refusing to sign her phoney time sheet is in no way abusive. I have to say I think I might have been given the circumstances.

You haven't said who they are but just maybe they run as a franchise and the owners of the brand may not like their name being brought into disrepute?

moneytroll

societys_child wrote: »

You haven't said who they are but just maybe they run as a franchise and the owners of the brand may not like their name being brought into disrepute?

I am not sure I should mention them here as I still believe they are a good school...(all previous instructors were fine). I have only a bone to pick with the current instructor (and the manager, who was really unhelpful).
But suffice to say they are a massive franchise and have an instructor in every area. That is why I requested and expected them to send me someone who'd know the possible test routes and not someone who never drove there in their lives.

I have compiled an official letter of complaint. But I need to gather more information, in case I am missing something.