where does the learner driver stand.

Kerming · 2 Oct 2011 at 20:57

where does the learner stand when the instructor's car is rejected from the test.

this happond to me 2 weeks ago, the instructor said she will pay me back for the test fee. How ever when i got hom my instructor said she will not charge me for the lesson i just had..........and she will pay me back £14.

my arguement is that was not a lesson and she still has to pay me the full amount. But, i do admit i was driving the car back to my house havin just been rejected.

All i want is my money back asap and i just want to know where the learner stands in law. what assosiation should i get in touch with so i can be a threat to the instructor and maybe get the hurry up on my money.

the basic story is there, i hope you can understand.

Kouba · 2 Oct 2011 at 20:59

Instructors always do this, I can never understand why they are so damn stingy!

Kerming · 2 Oct 2011 at 21:00

but is there any legal leg i can stand on so i get get my money back?

becuase now i have spent 124 quid on tests all becuase their car was rejected.

233 · 2 Oct 2011 at 21:00

tbh if your instructor can have their car in a proper state to go for a test then then i'd be worried about a lot more than just the money

Kerming · 2 Oct 2011 at 21:02

well this is it. what can i say......il report you bla bla bla. what assosiation can i name? under the legal act of bla bla bla bla bla.........all i want is my 62 quid back then that will be it.

kPATm · 2 Oct 2011 at 21:06

On what grounds was it rejected for the test?

#Chri5# · 2 Oct 2011 at 21:08

Why was the car rejected? A minor point or something bigger? If something bigger (eg not roadworthy), why were you driving it home?

I'd probably write to the instructor saying their failure to ensure their car meet the required standards for the test means you are now out of pocket and therefore want them to pay the full fee. See what happens from there...

Kerming · 2 Oct 2011 at 21:08

a slight dent in the wheel and we have 5 mins to change the wheel but only to find the spair was flat.

Felix · 2 Oct 2011 at 21:09

Contact the DSA.

Scrutinize · 2 Oct 2011 at 21:10

Foxtrot26 said:
tbh if your instructor can have their car in a proper state to go for a test then then i'd be worried about a lot more than just the money

This, find a new instructor

Draeger · 2 Oct 2011 at 21:10

If you are unhappy with the situation and have a genuine grievance then get in touch with the DSA : Driving Standards Agency who monitor ADI's. All ADI's must maintain set standards so if you have an issue with an ADI who has failed to do so by not presenting their vehicle fit for purpose at a test station and they have been rejected by the examiner then the DSA will want to hear about it.

My father runs a successful and well established driving school ( after retiring from the emergency services in 1995 ) so if you have any specific questions, let me know and I can run them by him.

Kerming · 2 Oct 2011 at 21:12

great help guys, thanks so much.

now i have a leg to stand on im sure il get my money back!

Draeger what is this driving school of yours?? and dose it run in the bristol area?

Kerming · 2 Oct 2011 at 21:18

#Chri5# said:
I'd probably write to the instructor saying their failure to ensure their car meet the required standards for the test means you are now out of pocket and therefore want them to pay the full fee. See what happens from there...

done that, only we/my parents had a phone call and it ended up in a row. but now we have a ferm grip on the situation.

i know to many of you that 62 quid dosn't sound like much but to a 18 year old such as my self thats nearly a weeks wage's.

Draeger · 2 Oct 2011 at 21:24

Kerming said:
Draeger what is this driving school of yours?? and dose it run in the bristol area?

Sorry m8, nope, nowhere near Bristol, it's based in Central Scotland :-

www.firstdriving.co.uk

As I said, not my driving school, my auld mans. I just did his website for him. :cool:

Hope you get your problem sorted out m8. Test day is nerve racking as it is for a learner, last thing you need is getting shown a red card because your driving instructors car isn't suitable.

Kerming · 2 Oct 2011 at 21:27

Draeger said:
Sorry m8, nope, nowhere near Bristol, it's based in Central Scotland :-

www.firstdriving.co.uk

As I said, not my driving school, my auld mans. I just did his website for him.

Hope you get your problem sorted out m8. Test day is nerve racking as it is for a learner, last thing you need is getting shown a red card because your driving instructors car isn't suitable.

not to mension i started uni 2 days later.

PMKeates · 2 Oct 2011 at 21:32

Hold on, you paid £62 for a test and their car was rejected, and they won't reimburse you?

My immediate thought is that you contract their services to teach you to drive, provide you with a road and testworthy vehicle, and advise you when to take the test. They have failed to do that and you have incurred a loss because of their failure... can you claim damages? My gut says yes but as with anything legal it's probably not that straightforward.

Kerming · 3 Oct 2011 at 21:47

Right ive spoken to Tracey and she tells me she didnt Charge you for the 2.5hrs of her time, so she is down £50 there, she says she also gave you some money back at the time and has also offered to take you to your next test and not charge you for the two hours so thats another £40 she will be down. She told me that she had spoke to your dad but he didnt want to listen to her and was claiming something about the car not being safe to be on the road which is absolute rubish, all the cars are safe and infact the damage to the rim would have been caused by a pupil as you can appreciate driving school cars unfortunately get curbed quite a lot but it was not a danger in anyway. The examiner from what i understand was willing to take out the car until the test centre manager advised against it. I feel the test centre manager was probably being over cautious but unfortunately this led to them not being able to use the car for your test that day. As it is I think Tracey was offering another £22 towards your lost test fee and I know none of this unfortunate event was your fault but along with the two and a half hours she didnt charge you for and the two hours free she is offering on your next test date that we should be getting closer to settling this problem. As Tracey is self-employed as are all driving instructors, we only get paid when we work and we have to cover our own fuel costs as well from our takings. Because of this there is no way Tracey could afford to offer free lessons leading up to your next test date. Because of this unfortunate event Tracey will already be £100 plus down out of her own pocket and all because the test centre manager was over cautious, which unfortunately is his right to be. I hope we can resolve this matter and concentrate on getting you through your test.

thats what the examiner said. how can i go about it? I don't want to contact the DSA unless i have to.

Robbo · 3 Oct 2011 at 21:52

Kerming said:
thats what the examiner said. how can i go about it? I don't want to contact the DSA unless i have to.

Tell them that money will be the least of their problems once you've spoken to the DSA, which you will be doing unless you are reimbursed.

Find a new driving instructor.

Liverpool-Lad · 3 Oct 2011 at 21:53

And like any woman driver, she doesnt look after her vehicle!

Skeeter · 3 Oct 2011 at 21:56

This happened to me. Examiner rejected the car as a headlight bulb was out. My instructor paid for my retest and didn't charge me for the lesson that would have been my test.