Author Archives: Kerry Smith

Always Do your homework when looking for an instructor!

A couple who mis-sold driving lessons to thousands of learner drivers across the country have been sentenced to 46 weeks’ custody, suspended for two years, at Leeds Crown Court today (Friday 24th July) after pleading guilty to breaching the Consumer Protection from Unfair Trading Regulations.

The pair have also:

  • been ordered to undertake 200 hours of unpaid work
  • received director disqualifications for seven years
  • been ordered to pay £24,974.09 in compensation, £50,000 in court costs and £100 each in victim surcharges.

Beverley Midgley-McDonald (51) and Alistair Midgley-McDonald (52), of Stanwell Road, Penarth, ran ‘Drive Dynamics’, a driving school that promised customers very cheap driving lessons with local instructors, who were either independent driving instructors or franchisees.

The company advertised online, describing itself as ‘the UK’s most liked driving school’. This attracted many learner drivers who paid hundreds of pounds up-front for driving lessons. They were told their money would be refunded if a local instructor was not available.

Customers soon discovered the promises made by ‘Drive Dynamics’ were too good to be true. Specifically:

Customers would not be contacted as promised or even at all about arranging a lesson.

Instructors were not available in the learner’s area so lessons could not be provided unless the customer was prepared to travel elsewhere to get them, sometimes hours away.

Instructors who were available were not prepared to provide or continue with lessons, if they had started, because they had not been paid by ‘Drive Dynamics’

Every year from 2013 the company received hundreds of complaints, either directly or via Citizens Advice, Action Fraud, the Driver and Vehicle Standards Agency and Trading Standards services from across the country. Hundreds of customers sought refunds or repayment through chargebacks, but the company actively tried to avoid giving refunds.In mid-2014, ‘Drive Dynamics’ was contacted by West Yorkshire Trading Standards and received training and advice to improve business practices, such as processing refunds, terms and conditions, cancellation rights and claims on its website. This advice led to a fall in complaints.

The company behind Drive Dynamics went into liquidation in 2015 – as it was unable to pay its creditors – and ceased trading, although it appeared that Drive Dynamics itself was still operating. The company was still trading, still making sales and still generating complaints under a newly incorporated company. Thereafter, the company continued with the same flawed business model that generated even more complaints.

Customers regularly posted negative reviews of the company on Trust Pilot, which led the defendants to hire outside agencies to manipulate review sites rather than provide refunds or improve business operations. As well as customer detriment, many drivers who had provided lessons simply weren’t paid.

Lord Toby Harris, Chair of National Trading Standards, said:

“The defendants profited from a business model that cheated learner drivers and instructors. Their company took people’s money, frequently didn’t give them what they’d paid for and ignored complaints and refund requests. Rather than take steps to improve their operation, they have acted dishonestly and it is only right that they now face consequences for their actions.”

The sentences follow an investigation by the National Trading Standards Regional Investigation Team (Yorkshire and Humber), which is hosted by City of York Council.

Councillor Andrew Waller, portfolio holder for Trading Standards at City of York Council, said:

Our team undertook a complex investigation into a prolonged period of unfair trading. Not only did the defendants leave hundreds of learner drivers, parents and driving instructors substantially out of pocket, but they tried to frustrate and delay the investigation getting to court. I applaud our investigators for their persistence and showing that unfair trading won’t be tolerated.”

The Advertising Standards Authority had also issued warnings to Drive Dynamics, ruling that its advertising to instructors was misleading.

DRIVE ON The eight changes for drivers including petrol, motorway speeds and a clampdown on seatbelts

DRIVERS could be hit with penalties and even points on their license if they’re not aware of some of the changes coming into place this year.

Some motorists might not have been behind the wheel much over the past year which is why it’s important to gen up on all the new measures

Coming into force is new guidance on smart motorways as well as tougher penalties for using a mobile phone while driving.

There’s also a new cleaner petrol known as E10 on the way which will seriously impact those who have older cars.

We explain everything you need to know about the new changes.

Motorway changes

Motorway speed limits are being slashed to 60 mph in an attempt to cut down on air pollution.

Speeds have been reduced on sections of the M1, M6, and M5.

So in these areas you’ll have to watch how fast you’re going with the new changes in place as you could still face a penalty for not sticking to the directed speeds.

Highways England has said it will keep the new speed limits in place for the “foreseeable future” until the pollution falls below the limit.

The only other way to subvert the emissions and return to the previous speeds is if more electric vehicles join the road.

There are stricter rules on smart motorways too.

The hard shoulder is used as a running lane on smart motorways which means there’s no dedicated space for drivers to pull into if there’s an emergency.

In response, Highways England announced changes to the Highway Code, making it illegal to drive in a lane marked with a red X.

It’s usually indicated this way because a vehicle has broken down in the hard shoulder, and so drivers shouldn’t drive down it or they could come into difficulty.

E10 fuel introduced

This summer the standard or premium petrol grade in the UK will become E10.

It’s being introduced to work towards cleaner air and to cut CO2 emissions.

But it could costs drivers more in the long run.

The new fuel only works for certain cars too so you’ll need to check yours fits the bill.

Seatbelt clampdown

You could be slapped with penalty points if you fail to wear a seatbelt under new road safety plans.

Motorists could get at least three points and a possible driving ban under changes being considered.

The change is part of a road safety clampdown plan set to be published this year.

You might even get the penalty if you’re wearing a seatbelt but your passenger isn’t.

As it stands, drivers can be given a £100 fine for failing to wear a belt – raising to £500 if the matter goes to court.

Or you take an online seatbelt awareness course for £53 to save on the fine.

MPs fear the £100 fine does not deter drivers enough from flouting the rules which is why stricter measures are due to come into place.

E10 petrol is already widely used around the world, including across Europe, the US and Australia.

You will be able to use the fuel in the UK by September 2021.

The change in fuel only applies to petrol – diesel fuel will not be changing.

It is believed that the switch is the equivalent of taking up to 350,000 cars off the road and reduce CO2 emissions by 750,000 tonnes per year.

20mph limit in residential areas

A new law is being introduced in Wales that limits speed in residential areas to 20mph.

The limit is set to launch in eight areas to begin with and could be rolled out nationally in two years time.

During the pandemic a similar initiative took place in areas across England with the goal of rolling it out to London, Warwickshire and Shropshire.

Stricter penalties if you use your phone

A loophole has been closed that meant people could get away with taking photos or videos while driving.

Now you could get a £200 fine and six points on your licence if you’re caught holding your phone or using it as a sat nav while you’re driving.

You definitely can’t get caught scrolling through a playlist, playing a game or using social media either.

You can also be fined heavily for vaping behind the wheel or if you fail to disclose certain medical conditions to the DVLA.

Low Emission Zones introduced

Lots of built up towns and cities already have low emission zones in place charging vehicles with high emissions to enter.

They’re usually found in areas that have high levels of pollution.

Oxford’s Zero Emissions Zone will start next month and from October 25 London’s Ultra Low Emission Zone will extend to North Circular Road (A406) and the South Circular Road (A205).

Birmingham’s Low Emission Zone is now active as is Bath’s and Bristol’s.

To get into Bath for free, Your diesel vehicle must be Euro 6 and petrol vehicles must be Euro 4 minimum to get into Bath or Birmingham for free, or if you ride a moped or motorcycle .

In Bristol you’re charged around £9 to enter the zone if your diesel vehicle is Euro 5 or older or your petrol vehicle is Euro 3 or older.

Changes to the Highway code

There’s due to be a  change to 33 existing rules in the Highway Code this year as well as adding two new rules.

The main takeaway of the changes is that the new version will include a “hierarchy of road users”.

It means that pedestrians will have priority on pavements and at zebra crossings.

So under the new rules drivers will have to give way at a zebra crossing until a pedestrian has moved onto the crossing.

Previously motorists turning into a road at a junction would only have to give way to pedestrians “if they have started to cross”.

It also means motorists who can cause the most harm in a collision bear the “greatest responsibility to reduce the danger they may pose to others”.

So, a lorry driver would have a greater responsibility to those driving a car or motorcycle, and cyclists would have a greater responsibility than pedestrians.

Proposed changes to the Highway Code are due to receive parliamentary approval in the autumn.

Regardless though, the Highway code on its own is not law.

Speed limiters will be mandatory

Speed limiters will be mandatory in new cars from next year.

The technology alerts drivers if they’re going too fast and if you don’t slow down then it will act on your behalf.

It’s known as an Intelligent Speed Assistant system (ISA) and you’ll need to have one if you get yourself some new wheels in 2022.

Cars on the road currently don’t have to have one of these but they are considered a great safety precaution.

There are circumstances where the limiter can be overridden.

These can be if you step on the gas harder when you’re overtaking or if you simply turn it off.

DRIVERS’ LONG HAUL Motorists clock up 285,012 miles in their lifetime – the equivalent of going around the world 11 times

DRIVERS clock up 285,012 miles in their lifetimes — the equivalent of ­travelling around the world 11 times.

They cover an average of 87 miles a week in 14 individual journeys, making an annual total of 4,524 miles, a poll revealed.

But the figure is likely to rise when life returns to normal after the pandemic as a third of workers plan to avoid public transport on going back to the workplace and one in four will use a car more.

More than half of drivers have relied more on their vehicles during the past 16 months, with a quarter wanting to avoid public transport and a similar proportion checking on family and friends.

Three in ten even bought a new car amid the lockdown.

 

Greg Gormley, boss of navigation app SKOOT which commissioned the poll, said: “This demonstrates that driving is essential to our lives.

Nearly half of journeys are solo — but one in three drivers would prefer to have a passenger.

A fifth said lockdown made them realise they wanted to drive but did not like the environmental impact.

A further four in ten would reduce carbon emissions if they knew how to.

The driving questions that stump motorists the most

DRIVING laws can cause confusion and there can sometimes be a grey area over what could land you with a fine and what doesn’t.

The rules and regulations of driving often have motorists scratching their heads trying to figure out the legislation.

Some of the laws could land you in trouble with the police, with some having more serious repercussions than others.

Experts have encouraged drivers to check the legalities before stepping behind a wheel, in an attempt to keep people safe.

Here we run down the motoring myths and reveal what is legal and what is not.

Is it illegal to drive with an expired driving licence?

Motorists who are caught without a valid driving licence could face losing it for good.

It is illegal to drive without a licence that is not in date, and there are hefty punishments in place if you do.

Your car could be seized, and repeat offenders can even have their vehicles crushed or disposed of by police.

It could also land you with a fine of up to £1,000 and between three to six points on your licence. The date can be checked on the card under section 4b.

Is it illegal to drive with bare feet?

There is currently no legislation in place that requires Brits to wear appropriate shoes for driving.

However, suitable shoes are always recommended when behind the wheel so you can competently operate the pedals.

Driving barefoot carries the risk of having poor grip on the pedals, and if an accident is linked to this it could cause your insurance to be void.

Is it illegal to drive in certain footwear?

No footwear is illegal to drive in, so long as they are considered safe to do so.

Flip-flops or sandals may also be a risky choice as they can sometimes get wedged underneath the pedal or slip off.

There are some guidelines for what footwear is suitable:

  • Have a sole no thicker than 10mm…
  • … but the sole should not be too thin or soft.
  • Provide enough grip to stop your foot slipping off the pedals.
  • Not be too heavy.
  • Not limit ankle movement.
  • Be narrow enough to avoid accidentally depressing two pedals at once.

  • Is it illegal to drive with one headlight?

    Anyone who is caught driving with one headlight is breaking the law, and risks getting a fixed penalty notice.

    Police will pull over any vehicle that is not working properly, and hand the driver £100 fine. Points will not be added to the licence.

    If it is challenged in court you could face a fine of up to £1,000, so it is important for drivers to check their lights regularly.

     

    According to the highway Code, “lights, indicators, reflectors, and number plates MUST be kept clean and clear”.

  •  

    Is it illegal to drive without a shirt?

    Driving without a shirt is not illegal, as it should not hinder any movement or driving ability.

    However it might cause other drivers to take a second look at you while driving on the road.

    You also run the risk of police officers stopping you for indecent exposure, but depends on the situation.

  •  

    Is it illegal to drive without an MOT?

    It is illegal to drive without an MOT, unless you are driving to a booked MOT test or from a garage for repairs.

    If you are caught driving by the police you can get a fine of up to £1,000, and the Automatic Number Place Recognition system will flag up any cars that do not have a valid MOT.

    It is important to carry proof of your MOT booking with you when travelling, so it can be produced to give as evidence.

    Anyone who continues to drive without an MOT is putting themselves and other road users at risk.

    Fines can go as high as £2,500 and multiple offences can lead to the loss of a licence altogether if you are already carrying points.

  •  

    Is it illegal to drive with headphones?

    Driving with headphones in is not illegal, but it can lead to reduced awareness on the road.

    People may wear the devices to operate a phone hands free or listen to music, but it could cause a distraction.

    If you are deemed to be driving carelessly you could face a fine of £100. But if your case reaches court then it can go up to a maximum fine of £5,000, nine penalty points and a possible driving ban.

  •  

    Is it illegal to drive without a spare tyre?

    It is not illegal to travel without a spare tyre, but there are rules that have to be followed if you choose to do so.

    Any tyre has to comply with tyre laws, which means ensuring that the pressure is suitable for driving.

    They must also meet the minimum requirement of 1.6mm across the central ¾ of the tyre width.

    Anyone who is found to be driving with a tread that is lower than the legal minimum can be given up to three penalty points and a fine of £2,500 per illegal tyre.

    Is it illegal to drive with loud music playing?

    Driving while playing loud music is likely to be safer than listening through headphones, and is not illegal.

    However it can still land you with a penalty if it is deemed a distraction. It can result in a £100 fine and three points on your licence.

    In circumstances that are deemed more extreme you can be hit with a £5,999 fine and a driving ban.

Fraudster wrapped bandage round his head to take theory tests for other people

A fraudster has been jailed after taking driving theory tests for other people while disguising himself with a bandage around his head.

Izmir Senaj, 28, used several excuses for his injuries as he turned up to DVSA centres across England to impersonate people whose tests he had agreed to take for them.

He was eventually caught by a staff member at a theory test centre in Swindon, who recognised him from a wanted appeal and called the police.

Senaj, of East Ham, London, was jailed for two years and four months at Swindon Crown Court  after he pleaded guilty to four counts of fraud.

Judge Jason Taylor QC said: ‘Your actions show a callous disregard for the system which is designed to ensure that only those qualified to drive safely get behind the wheel of a car.

‘This could have had significant consequences both for road users and pedestrians and therefore my public duty requires me to reflect that.’

Judge Taylor said he noted Senaj had twice been jailed for driving test fraud since 2014 and committed the latest offences while on licence.

The court heard in late 2018 and early 2019, Senaj went to four test centres in southern England to take the driving theory test on others’ behalf.

On October 11, 2018, he arrived early to an appointment at the Eastbourne test centre.

Dressed in a high visibility vest and wearing a bandage around his head and plaster over his nose, he handed over a provisional driving licence in the name of an Albanian man.

He explained to the receptionist he had been working on a building site earlier that day when he was struck by scaffolding and was sent home early by first aiders.

He was allowed to take the test, which he passed.

Five days later, on October 16, he used a similar cover story at the Hastings test centre – this time claiming to have fallen off a ladder.

After he was recognised by the same staff member who’d dealt with him days earlier in Eastbourne, he claimed he needed to use the toilet then left the centre.

On November 28, 2018, he was turned away from the Harlow test centre as staff were not convinced he was the Serbian national whose provisional driving licence he presented at the front desk.

Two months later, on January 24, 2019, a staff member at the Swindon theory test centre in Milton Road recognised him from an internal DVSA poster.

She allowed him to take the test, buying her time to wait for police to arrive.

Interviewed by fraud investigators, Senaj claimed he owed gambling debts to two of the people he impersonated, including one he described as a ‘violent gangster’.

Judge Taylor said Senaj had earlier been sentenced to 11 months prison at Snaresbrook Crown Court in 2014 for seven offences of driving test fraud.

He received a three-year sentence for another seven offences in 2017.

In total, he had five convictions for 28 offences.

Tanveer Qureshi, mitigating, suggested his client had been a ‘one man band’.

However, Judge Taylor told the defendant he was satisfied to the criminal standard there was a group or gang element to the crimes and it was organised.

Bank Holiday Closure.

Our office is closed Monday 3rd of May due to being Bank holiday, should you wish to purchase vouchers you can fill in a secure booking form on our website, any enquiries taken over the weekend will be dealt with on Tuesday.
Enjoy the long weekend!

Britain’s roads will have DRIVERLESS cars travelling on them by end of year!

Today Transport Secretary Grant Shapps is said to  announce that vehicles with new technology enabling them to stay in their lanes automatically will be legal within months.

The bold move will help to prevent up to 47,000 serious accidents and save 3,900 lives over the next decade as it cuts out human error, said the Society of Motor Manufacturers and Traders.

It will mean motorists in Britain may be the first in the world to be able to legally take their hands off the steering wheel and check their emails while driving.

The cars will travel at a maximum of 37mph and on motorways only.

They will not be able to change lanes, but will automatically slow down as they react to other traffic.

The driver will be able to take control in an emergency.

The cars will help to improve the traffic flow, reduce commute times and slash emissions as the ride will be smoother, ministers said.

Announcing a consultation, Transport Minister Rachel Maclean said: “This is a major step for the safe use of self-driving vehicles in the UK, making future journeys greener, easier and more reliable.”

The tech will appear only in newly-built cars.

It cannot be adapted for use in cars already on the road.

But Edmund King, of the AA, said: “More needs to be done to test these systems.”

DVSA refuses to extend expired theory tests

LEARNER drivers have lost £1.14million as a result of car theory tests expiring due to Covid backlogs.

Driving tests and lessons have been suspended during much of the pandemic, causing a pile-up of 420,000 car driving tests and 380,000 car theory tests.

But the Driver and Vehicle Standards Agency (DVSA) has resisted calls from learners to extend expiry dates on tests or suspend charges for repeat tests.

When the test booking system reopened in August it crashed following almost seven million applications for just 35,000 driving test slots.

With practical driving tests set to restart on April 22 in England and Wales, there will be 50,000 learner car drivers whose theory tests certificates will have expired.

Many drivers have also experienced multiple cancellations for driving test due to Covid restrictions.

The theory test costs £23 and is valid for two years.

Almost 50,000 car theory tests expired during the first and second lockdown, according to a Freedom of Information request made by Marmalade Insurance.

Learner drivers now face a 17 week wait to book a driving test, meaning many more theory tests will expire.

Over 79,000 people have signed an online petition for theory tests to be extended, with another petition calling upon the UK Government and Parliament to reconsider waiving theory test resit fees.

Experts have called for certificates to be extended or for the fee to be waived.

“We’d like them [the DVSA] to extend theory test certificates, because it’s not the fault of learner drivers that they can’t take their driving tests,” Howard Redwood, head of road safety at the Driving Instructors Association (DIA), said.

Gunnar Peters, CEO at learner driver insurance specialist, Veygo said: “This will be understandably frustrating for many learner drivers who will find themselves out of pocket if forced to retake expired theory tests through no fault of their own, so we’d like to see the DVSA waiving fees for those affected.”

Robert Cowell, interim managing director of AA Driving School said: “With the unprecedented demand for driving lessons that we’ve seen as lockdown restrictions lift, we anticipate the backlog will only increase.

“Our hope is that the recent DVSA recruitment drive to recruit an additional 300 examiners will make more test slots available for learners who have waited months to re-start their driving journey.

“If theory test certificates which expired in one of the UK’s lockdowns are extended in the same way MOTs and driving licences were, these learners could be on the road to passing their test sooner.”

Despite the backlog the DVSA has warned that extending theory test certificates could be a safety issue.

It is also feared that an extension to tests could cause costs to rise for others.

A DVSA spokesperson told The Sun: “Those with theory test certificates expiring will have taken their test in early 2019.

“Since then, their more recent lessons and practice sessions will have been significantly curtailed during recent lockdowns and it is likely that their skills base will have diminished. “Research shows that this would be particularly harmful for hazard perception skills, a key factor in road safety.”

“We are advising customers to regularly check the booking system as they might find an earlier date due to a cancellation or more tests being added.”

Driving tests were given the go ahead to resume from April 12th, so learner drivers will be able to get back out on the road now.

There are new rules around the test too, but we have the lowdown on how to book.

For example, one new rule is that test-takers must wear a mask while driving.

If you need to practise your theory test we have a fully equipt classroom here at Britannia, we also offer free interactive help on our website.

 

New Road Laws for Common offence

Proposals for an outright ban on pavement parking have been mooted.

Most of us have done it occasionally, some of us even do it semi regularly.

Parking on the pavement, or at least partially on the pavement is a common site on London’s streets with spaces at a premium.

But the act could soon be banned across England with £70 penalty fines under new laws expected to be rolled out this year reports state.

The new legislation would ban antisocial parking to make pavements safer for families and people with disabilities and visual impairments.

This law change – which already exists in London – is in response to complaints about pavement parking and the increased risks it poses to those who rely on them to travel.

The Department for Transport (DfT) first launched a proposal into the new rules last September.

It set out three options to make it easier for councils to ban pavement parking – giving local authorities powers to fine drivers who park on paths and an outright ban.

A DfT spokeswoman told us the government is now collating responses after receiving “overwhelming” feedback.

The proposals follow a review that found that a third of visually impaired people and almost half of wheelchair users were less willing to go out alone because of “antisocial” pavement parking.

Of course, regulations have been in place across London for years.

Rule 244 of the Highway Code states: “You must not park partially or wholly on the pavement in London, and should not do so elsewhere unless signs permit it.”

If the rest of the UK follows London, parking on grass verges and ramps linking private property to roads would also be prohibited.

The only exceptions to London pavement parking rules are when signage states it is safe to do so, or for unloading deliveries. Outside of the capital, only lorries are currently prevented from pavement parking

Britannia After Lockdown

On Tuesday the 6th of April our dedicated office staff will be returning back to the office after working from home since December.

This will be to carry on answering the telephones, emails, livechats and to process an payments, once the instructors return back to teaching on the 12th April the office will remain closed to the public, if you have any enquiries this can be done online or over the phone, please if you need to purchase lessons this too needs to be online or over the phone.

Any vouchers that need extending can be posted in and we will look at extending them.

All lesson instructors and pupils unless exempt will need to wear a facial covering and sanitize hands,the teaching cars will be fully sanitized before and after each lesson.

We would like to wish everyone a safe , happy bank holiday and happy easter!