Unfair treatment from a driving school?

BLACKLIST – BE WARNED – OTHERS HAVE SUFFERED BY GOING TO THESE DRIVING SCHOOLS AND THE LIST WAS ONLY STARTED IN SEPTEMBER 2013

Driving School:	Area:	Contact person	Contact Details:		Amount stolen	Webpage
Jabbs Driving School	Johannesburg	Jabbs	072 146 1851	011 781 5141	R3000.00	Click here
Mpumalanga Driving School	Leandra	Thys – owner	072 865 1999	084 339 3783Chantal – Secretary	R633.33	Click here
Ramesh Driving School	Durban	Ramesh Ramnarain	031 537 8412	074 702 7355	R2000.00	Click here
United Driving School	Johannesburg	Doreen in the office	078 448 7954		R500.00	Click here
UR Driving School	Pretoria, Gauteng	Franci Human	072 070 7277		R4000.00 almost.	Click here

We receive frequent reports of driving schools running off with large amounts of money from members of the public, and not providing the services they promised.

When SAIDI wrote to a Government official, this is what we received in reply, which we have experienced to be quite true!

Unfortunately we do not regulate the driving schools at this point in time. Chances are that the only way this person will get assistance is by reporting this matter to the Police if this school indicates that the cost covers obtaining a driving license this might be seen as possible fraud and corruption, or by going via the small claims court with a civil claim (which may be hard to prove when there is no receipt for the moneys paid and no evidence thereof), or to their local newspaper.

http://www.saps.gov.za/crimestop/common_offence_definitions.htm

Fraud

It is the unlawful and intentional making of a misrepresentation which causes actual prejudice or which is potentially prejudicial to another.

Despite that, the Police regard theft by a driving school / instructor as a civil matter and refer the public to the Small Claims Court, where long delays can be expected. Even when a court order in a Small Claims Court is made, no-one checks to see if the victim has actually been compensated.

http://smallclaimssa.co.za/

Fraud explained in more detail:

http://www.henkbotha.com/fraud1.htm

This article describes South African law.

What is fraud?

The legal definition of fraud is that it is the:

(a) unlawful

(b) intentional

(d) calculated to prejudice another.

What must an employer prove?

You must prove all four these elements of the definition. Let’s briefly look at each.

1. Unlawfulness

Any distortion of the truth is unlawful. So, if you can prove a misrepresentation of facts, you automatically prove the unlawfulness.

2. Intention

One has to prove two things, namely that the perpetrator —

(a) knew that the information was false; and
(b) realised that someone, not necessarily the victim, could suffer prejudice because of it.

3. Misrepresentation

You have to prove that the perpetrator lied or deceived someone, by either stating something or by failing to reveal essential information.

4. Calculated to prejudice

One has to prove actual prejudice or potential prejudice. It is not important that the complainant must have suffered prejudice or potential prejudice. The prejudice may refer to anyone.