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Appealing a driving test.

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
Right, basically, I've failed my driving test, and want to appeal that the test was not conducted properly, or fairly. (Which I've also been advised by two instructors to do)

I've read the sheet they've given me, and it says I need to apply to a "Magistrate's Court acting for the Petty Sessions Area in which you reside". I don't really know what this means, if I'm honest, and I doubt my mum will either. How would we go about doing this?
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Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Talk to your CAB.

    What makes you think it was unfair?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Fiend_85 wrote:
    Talk to your CAB.

    ........... Umm....:confused: Citizens Advice Bureau maybe? How would I go about that?
    What makes you think it was unfair?

    Four things:

    First - I got 1 major for reversing "too slow" when doing my reverse round a corner. I was a perfectly fine distance away from the kerb (I have no minors for the manouveure, so I assume everything like my checks were fine), and I hadn't actually completed the manouveure (still half way around the corner) when she made me stop and drive on.

    Second - I got a major for being in the left hand lane of a roundabout to go "straight ahead". It's a funny roundabout, because it's on a motorway junction, but I was taking the second exit and the first was the motorway anyway. But I still believe (as does my instructor) I should have been in the left hand lane.

    Third - While driving, she asked me "Are you nervous?". When I said yes, she commented "Perhaps you've put in for your test too early then", in a rather bitter tone, which made me feel worse tbh.

    Fourth - When I double checked I'd heard her instruction correctly at a roundabout, she cut me short and responded (quite snappily) with "Well count the exits, even if a person does not know this area they can still pass their test here!"

    I understand that appealing doesn't change the test result, but I feel really upset, and both my instructor, and another instructor at the test centre who he knows are quite amazed atthis reasoning.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Yeah Citizens Advice Bureau, you should be able to just walk in and explain the situation to someone there.

    Kermit will spot this thread in a mo and add on if I've missed anything.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You can only appeal the driving test if you can prove that the test was not conducted according to the regulations- e.g if the examiner was racist or abusive. You cannot appeal any decision made by the examiner. A lot of it depends on what she marked on the card, especially as she is likely to be believed ahead of you.

    You should really speak to the Citizens Advice Bureau about pursuing the appeal, and they will be able to help you with the court paperwork.

    I personally wouldn't bother, but at the same time that is how incompetent examiners keep their jobs. Many of her decisions seem to be judgement-based, and her judgement is not appealable.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote:
    You can only appeal the driving test if you can prove that the test was not conducted according to the regulations- e.g if the examiner was racist or abusive. You cannot appeal any decision made by the examiner.

    That's what I would call it tbh, I felt picked on and upset by her. I'm definetely not retaking my test at that test centre. I'll speak to the CAB tomorrow (just had a look and they're not open today by the time my mum gets back) and see what they say :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    If the issue was with the treatment, rather than hoping to change the result, would it maybe be more appropriate to make a complaint rather than an appeal and see how that proceeds?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    That's what I thought, but according to the sheet thats the only way I can do it... I'm not really sure though, but I know my instructor was adamant I should make some form of complaint.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    To be honest the decision won't be changed to a pass, as the DSA rely on the examiner's judgement, and the most you would realistically get is a removal of the fail and a refund of the fee.

    As Jim V says, making an official complaint against the examiner is likely to reap more rewards.

    The DSA, as a Government agency, have to have a complaints procedure. Give them a call and find out what it is.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Kermit wrote:
    To be honest the decision won't be changed to a pass, as the DSA rely on the examiner's judgement, and the most you would realistically get is a removal of the fail and a refund of the fee.

    I know that, even though I feel I shouldn't of failed, I'm willing to take the test again, but the likelyhood of it being at that test centre is slim, because I find the reasons I've failed unfair, especially the reverse around a corner, as I wasn't even able to complete the manouveure.
    As Jim V says, making an official complaint against the examiner is likely to reap more rewards.

    How would I go about this then? It gives no information on this that I can find.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    DSA customer services: 0115 901 2500
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I would simply start by contacting the centre directly to make a complaint - that should start an offical complaint proceedure.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Thanks :) Sorry to sound completely dense, I just really have no idea when it comes to official things, and the sheet made it sound really hard. Thing is, I agree with the amount of minors she's given me - I can say what it was I did to get each of them, but the majors just seem really ridiculous. I'll call that number and go from there I think.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Good luck, I hate poor 'service' whether it's from the government or a restaurant or a business. I always remember to complain formally, not having a major go just saying 'wasn't satisfied with the service' to them. 9 times out of 10 they'll ignore you completely (wont respond to correspondence) and the last time they will say 'thankyou for your feedback'.

    Except if you go to a good local restaurant, then they'll give you a free dessert or something, but generally the service is normally tip top :)

    As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru

    As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p

    EX-BLOODY-ACTLY! I was the only bloody car on my junction, I went into the left hand lane, gave way to the right, waited for them, then set off around the roundabout, exactly as I've been taught.

    Ahh I've rang that number anyway, and they've given me an email address to contact. I'm going to email them now, but I've been told to include her name, obviously. Her name is Val, but on my copy of the report her surname isn't clear, it looks like "Battison" though I can't be sure.

    They're likely to have a record of the test though and which examiner took it if I give all other details, and explain I can't read the name clearly though, right?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Good luck, hope you get some kind of result. I've no advice at all, but I had a similar experience in a driving test so I know how upsetting it is and how much it can shake you up. So yeah, hope you get a result from it. :)
  • SkiveSkive No discipline. No morality. No respect. New ForestPosts: 15,169 Skive's The Limit
    As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts.

    Many left hand lanes aproaching roundabouts are left turn only. If this were the case at this particualr roundabout then it would be a major fault.
    Yesterday is history
    Tomorrow is a mystery
    But today is a gift
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  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Skive wrote:
    Many left hand lanes aproaching roundabouts are left turn only. If this were the case at this particualr roundabout then it would be a major fault.

    It wasn't the case, as the left hand turn is the motorway junction, and there is another, which you would use the right hand lane for probably(wouldn't know as I've obviously never driven on the motorway). I've gone the same way on a previous test and wasn't marked down on it then.
  • SkiveSkive No discipline. No morality. No respect. New ForestPosts: 15,169 Skive's The Limit
    It's all to do with the road markings. You can't just assume that to go straight on you need the left hand lane.

    Most of the time the left hand lane is for turing left and goign straight on, with the right hand lane being for exits further round.
    Sometimes though, the left hand lane is for turing left only and the right hand lane for going straight on and any other exit.
    Yesterday is history
    Tomorrow is a mystery
    But today is a gift
    That’s why it’s call the present
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Skive wrote:
    It's all to do with the road markings. You can't just assume that to go straight on you need the left hand lane.

    Most of the time the left hand lane is for turing left and goign straight on, with the right hand lane being for exits further round.
    Sometimes though, the left hand lane is for turing left only and the right hand lane for going straight on and any other exit.
    Yeah I know. Wasn't arguing, just pointing out that wasn't the case at this roundabout.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You can only appeal a driving test if it wasn't carried out in accordance to the rules, if they took you onto a motorway or something like that, or the examiner was abusive or racist BUT that doesn't mean that you can appeal it because they weren't a nice person. The kind of abuse you need is the sort you'd make a complaint to the police about.

    You seem to have been having lots of problems with driving tests, maybe it would be worth having your driving instructor sit in on the next one.

    It sounds like you're not in a position to appeal the result and ask for a retest but you'd be best making a complaint. Sorry.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    As for getting a major in being in the left hand lane, I was told by instructors and I'm sure it's the highway code that you should always try and remain in the left-most lane possible, even at roundabouts. Only go in the right lane for turning right or overtaking or if theres a big queue in the left lane at a junction :p

    Except when the left hand lane is dedicated first exit only which is what I failed my test on :rolleyes: Oops
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru

    It sounds like you're not in a position to appeal the result and ask for a retest but you'd be best making a complaint. Sorry.

    I did mention that thats what I've done now. I'm not expecting a retest, or a change in the verdict, I just felt very bullied and that I shouldn't of failed for things I've done perfectly the same and not been marked down on on previous tests.

    It's not just a sulky thing because I haven't passed - I've failed 5 times before this, and I can accept why, but with this I truly feel I didn't deserve to fail and I don't appriciate being shouted at on test.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    kangoo wrote:
    Except when the left hand lane is dedicated first exit only which is what I failed my test on :rolleyes: Oops

    But then it wouldn't be 'the most left hand lane possible', as I stated. (Just trying to prove I'm not an idiot)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Nikki* wrote:
    I did mention that thats what I've done now. I'm not expecting a retest, or a change in the verdict, I just felt very bullied and that I shouldn't of failed for things I've done perfectly the same and not been marked down on on previous tests.

    It's not just a sulky thing because I haven't passed - I've failed 5 times before this, and I can accept why, but with this I truly feel I didn't deserve to fail and I don't appriciate being shouted at on test.


    Hmm. Really I think that the balance of evidence is against you winning an appeal, really. But go ahead and try if you think it will help. I think it's fairly likely that, in the stressful situation of the test, you interpreted the examiners remarks more harshly than they may have been intended.

    Also I'm not sure that it follows that you shouldn't be marked down for something in one test when you haven't been marked for it before, because it can vary depending on what is happening on the roads.

    I suggest that you stick at the same test centre, because otherwise you will be taking your test on less familiar routes.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    My driving instructor was telling me that he appealed a fail once on the grounds that the examiner refused to help adjust the wing mirrors (back in the day before they were electric). According to the rules, they are required to assist you in certain aspects, and his complaint was upheld. I think they got to retake the test for free.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    "Perhaps you're not ready to take your test then."

    Is completely unprofessional of an examiner to say.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    But then it wouldn't be 'the most left hand lane possible', as I stated. (Just trying to prove I'm not an idiot)

    haha I know I was totally wrong
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    No advice from me but I just wanted to say I was really sorry to hear what happened. My own experience of doing the driving test was completely different, the examiner did everything he could to put me at ease so I could drive without being too nervous and it really helped me to drive well enough to pass.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Randomgirl wrote:
    No advice from me but I just wanted to say I was really sorry to hear what happened. My own experience of doing the driving test was completely different, the examiner did everything he could to put me at ease so I could drive without being too nervous and it really helped me to drive well enough to pass.

    I was completely the opposite for my driving test, I had 3 bad experiences. I just find the examiner puts the atmosphere at a level that rises the tension greatly. I was very, very nervous taking all 3 of the driving tests and the nerves grew for each 1 as i failed each 1. I found that the examiners did nothing to help ease the nerves for me and I felt that they were consistently 'looking' for any error they could find. I would try to make conversation but it would just end abruptly or I would have to stop talking to concentrate.

    When I take my test again I am going to have to do something to help with the nerves, one friend advised a hypnotist helped his nerves. I am going to try again once university is finished and I actually have a bank statement that reads "credit" instead of "debit".
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    mrbox99 wrote:
    I found that the examiners did nothing to help ease the nerves for me and I felt that they were consistently 'looking' for any error they could find.
    To be fair, they were. It's their job.
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