Our client is a driving instructor and received a letter from the Driver and Vehicle Standards Agency (“DVSA”) informing our client that there had been a complaint made against him by a driving pupil. The DVSA invited our client to respond in writing.
It was alleged that our client:
- Fell asleep during driving lessons,
- Turned up drunk to driving lessons,
- Asked inappropriate questions during driving lessons in relation to the pupil’s appearance and relationship status,
Our client denied these allegations and instructed us to make legal representations in response. Our client contended that he had been professionally competent and appropriate at all times. He also explained that further bookings and payments were made by the pupil after some of the lessons in which the misconduct was now alleged.
As well as setting out our client’s factual account, we were able to establish the chronology of payments for lessons, and when those further driving lessons were booked. This chronology (i) did not match the pupil’s factual account of events and (ii) did not seem in keeping with the pupil’s alleged dates of misconduct.
Our representations were successful as the DVSA decided, within two weeks of receipt, not to take the matter any further.