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

(c) misrepresentation of facts (distortion of the truth)

(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.