Pass and Go Driving

kaz47_2

Hi my friend booked lessons in advance with this company last year, when she called to book her lessons they said the guy teaching her has left so she has lost her money, which is around 400, this cant be legal can any one help and advise who she can contact to for advice.Thanks

tomwakefield

kaz47 wrote: »

Hi my friend booked lessons in advance with this company last year, when she called to book her lessons they said the guy teaching her has left so she has lost her money, which is around 400, this cant be legal can any one help and advise who she can contact to for advice.Thanks

If she paid the company to provide a service without specifying the teacher then they should provide that service, with a different teacher if necessary.

If the teacher was specified when payment was made, they should refund as they are no longer able to provide that service.

Can't see any justification for them just keeping the money.

marywooyeah

hmm, I think the driving school would argue the driver was self employed and your friend should take it up with him - thats what my ex driving school told me when I was in a similar situation and I lost my money.

Similarly the instructor would argue to take it up with the driving school - rock and a hard place really.

is the instructor traceable? otherwise I'd tell the school that the lessons are either provided or trading standards/DSA will be contacted.

santer_2

You could ask the Registrar as it is unlikely an instructor will be able to keep any money without providing the services it relates to

[EMAIL="adireg@dsa.gsi.gov.uk"]adireg@dsa.gsi.gov.uk[/EMAIL]

Or write to the DSA here

ADI Section
DSA
The Axis Building
112 Upper Parliament Street
Nottingham
NG1 6LP

tomwakefield

marywooyeah wrote: »

hmm, I think the driving school would argue the driver was self employed and your friend should take it up with him - thats what my ex driving school told me when I was in a similar situation and I lost my money.

Similarly the instructor would argue to take it up with the driving school - rock and a hard place really.

is the instructor traceable? otherwise I'd tell the school that the lessons are either provided or trading standards/DSA will be contacted.

If you pay the driving school, your contract is with them, and they are subcontracting the self employed driver. The school has not provided the service, so they need to refund the money. It's up to them to try and recover the money from the ex-instructor if he's taken it.

unholyangel

Looks like they are claiming to be a booking agent and nothing more.

From their website:

By taking bookings, providing certain information and documentation, and in processing payments, We and the Agent act on behalf of Your Instructor. No contractual liability arises between You and Us or the Agent under the agreement between You and Your Instructor.

About Your Instructor
Your Instructor is one of Our self-employed franchisees whose relationship with Us is governed by a franchise agreement, No contractual liability shall arise or subsist between You and Us, However We will endeavour to assist You with Your requirements.

marywooyeah

tomwakefield wrote: »

If you pay the driving school, your contract is with them, and they are subcontracting the self employed driver. The school has not provided the service, so they need to refund the money. It's up to them to try and recover the money from the ex-instructor if he's taken it.

I agree with you and this is the arguement I made when it happened to me - what I posted above is what they and the instructor told me eg they will try and get out of it that way. I hope op's friend gets it sorted, £400 is a lot of money!

bod1467

Did the OP's friend pay Pass And Go or pay the instructor direct?

If she paid Pass And Go, can they demonstrate that they passed the monies (less any commission, fees etc.) to the instructor?

If the instructor has the money then she'll probably have to pursue him/her for the refund, as the Pass And Go T&Cs seem pretty clear. (Unless they can be deemed an "unfair term"). Otherwise if Pass And Go still have the money then that's who to pursue.