LEARNER DRIVER TERMS AND CONDITIONS
The Driving Instructor franchise network
1. WHO YOU ARE CONTRACTING WITH
Your driving lessons are provided by your instructor, a self-employed driving instructor working under licence as a franchisee of The Driving Instructor. Your contract for lessons is with your instructor. Your instructor takes your payments and is responsible for your lessons and any refunds under these terms.
The Driving Instructor is a trading name of HPDL Car Park Management Ltd (Company No. 10928122). It supports its franchisees, handles complaints that are escalated to it, provides safeguarding oversight and runs The Driving Instructor's social media.
These terms are the same for every instructor in The Driving Instructor network. By accepting them in the Total Drive app, you confirm you have read and understood them before your first lesson.
2. CONTACT DETAILS
Your instructor: your instructor's name, phone number and email address are shown in your Total Drive app and are given to you before your first lesson. Their DVSA badge number is shown on the badge displayed in their windscreen. If you do not have your instructor's details, contact The Driving Instructor below.
The Driving Instructor (head office):
Phill Osborne
Phone: 07790 440 180
Email: Phill@thedrivinginstructor.net
Website: thedrivinginstructor.net
3. BEFORE YOUR FIRST LESSON
To have driving lessons you must:
Be aged 17 or over (16 or over if you get, or have applied for, the enhanced rate of the mobility component of PIP)
Hold a driving licence valid for driving in the UK (provisional, full or an appropriate foreign licence)
Be able to read a car number plate from 20 metres, with glasses or contact lenses if you need them
Before your first lesson you must show your instructor proof that your licence is valid. Your instructor is required to check that you are entitled to drive. If you cannot provide proof, the lesson cannot go ahead and may be charged.
You must tell your instructor straight away about anything that affects your ability or entitlement to drive. This includes losing your licence, a medical condition you must report to the DVLA, or medication that affects your driving.
4. YOUR INSTRUCTOR
Your instructor is approved by the Driver and Vehicle Standards Agency (DVSA). During paid lessons, they will display either a green ADI badge or a pink trainee licence in the windscreen.
If your instructor is a trainee, they hold a DVSA trainee licence and are supervised through The Driving Instructor. You will be told before your lessons begin. If you would prefer a fully qualified instructor, contact The Driving Instructor and we will do our best to arrange one.
5. PRICES AND LESSON LENGTH
Standard lessons last 2 hours. One hour lessons are not offered.
Monday to Friday, 8am to 4pm: £90 per 2 hour lesson
After 4pm on weekdays, and at weekends: £100 per 2 hour lesson
Intensive courses and other packages are priced separately. Their price and terms will be confirmed to you in writing before you book.
You will receive the full lesson time you have paid for. If your instructor arrives late, the time will be made up in that lesson or a later one. If you are late or not ready at the agreed time and place, the lesson will still finish at the agreed time and the full price applies.
Prices may change from time to time. Lessons you have already paid for will be delivered at the price you paid.
6. PAYING FOR LESSONS
Lessons must be paid for in advance, directly to your instructor, by:
Bank transfer
PayPal
Cash at the start of the lesson
Every payment and every lesson is recorded in the Total Drive app, where you can see your balance at any time. If your balance does not cover a lesson you have taken, you must pay the difference.
Payments made by someone else: If a parent, guardian or anyone else pays for your lessons, the payment is treated as if you made it. Lessons are provided to you, the learner. Any refund of unused lessons will be paid to you, unless you agree in writing that it should go to the person who paid. This does not affect any rights the payer has by law.
Lessons you have paid for cannot be sold or transferred to anyone else.
7. YOUR RIGHT TO CANCEL WITHIN 14 DAYS
If you booked online, by phone or through the app, you have the right to cancel within 14 days of booking without giving a reason. To cancel, contact your instructor. If you asked for lessons to start within those 14 days, you must pay for any lessons already taken. Only the balance for lessons not yet taken will be refunded.
8. CANCELLING OR MOVING A LESSON
If you cancel: You must give your instructor at least 48 hours' notice to cancel or rearrange a lesson. If you give less notice, or do not turn up, you will be charged the full price of the lesson.
If your instructor cancels: Your instructor will give as much notice as possible and offer another lesson at no extra cost. You will not be charged for a lesson your instructor cancels.
Your instructor will not give a lesson if your health, alcohol, drugs or behaviour make it unsafe to drive, or if you do not have a valid licence. In these cases the full price of the lesson will be charged.
9. REFUNDS
Lessons that have been taken are not refundable. Your instructor's time cannot be refunded once it has been used.
Refunds are only given for money paid in advance for lessons not yet taken. To ask for one, contact your instructor. The unused balance, minus any late cancellation or missed lesson charges, will be refunded within 14 days, to the account the money came from unless agreed otherwise in writing.
If a lesson was not delivered as agreed, for example it was cut short by your instructor, tell your instructor or The Driving Instructor. If we agree it was not delivered as agreed, the missing time will be made up or that part of the lesson refunded. No disputed amount will be taken from your balance until the matter is settled.
Refund terms for packages and intensive courses will be confirmed in writing when you book.
10. LESSONS IN YOUR OWN CAR
If you learn in your own car, for example for automatic lessons, you must make sure that:
The car is taxed, has a valid MOT if needed, and is roadworthy
Your insurance covers you as a learner driver and allows paid driving lessons
You show your instructor the insurance details before your first lesson
Your instructor may refuse to give a lesson in a car they believe is unsafe or not properly insured.
11. YOUR PROGRESS AND RECORDS
Your instructor will record each lesson, the hours taken and what was covered. They will tell you clearly how you are progressing and what training you still need. You can view your lesson history and progress in the Total Drive app. Lessons follow the DVSA National Standard for Driver and Rider Training.
12. DRIVING TESTS
Under DVSA rules, you must book, change and cancel your own car driving test. Your instructor is not allowed to do this for you. Please speak to your instructor before you book, so that the date suits your progress and their availability.
The DVSA requires 10 full working days' notice (Monday to Saturday, not counting public holidays) to change or cancel a test without losing your fee. You can change a test no more than twice.
Before your test, your instructor will:
Tell you honestly whether they think you are ready, and advise you to move your test if you are not
Check you can read a number plate at the required distance
Where possible, offer you a mock test, which may be with a different instructor
Your instructor will only take you to a test in their car if they believe you are ready and safe. If they decide you are not ready, they will explain why. You are responsible for any DVSA fee you lose as a result.
On the day of your test, bring your licence and arrive in good time. You and your instructor will agree beforehand whether they will sit in on the test.
Short notice tests: A short notice test is a test taking place 14 days or less after your first lesson.
You must book and pay for at least 5 hours of lessons before your first lesson, charged at the standard rate. This cannot be combined with any other offer.
The first 2 hours are an assessment. If your instructor decides you are not ready, they will not take you to the test. Assessment lessons already taken are not refundable. Your remaining balance can be used for further lessons or refunded under section 9.
If you need more lessons before the test, you must be available when your instructor is. If the lessons cannot be fitted in before the test date, your instructor will not be able to take you to the test.
Because of the DVSA's 10 working day rule, you may lose your test fee if you are found not ready. Please bear this in mind before booking a short notice test.
If you cancel before your first lesson, sections 7, 8 and 9 apply.
13. SAFETY, CONDUCT AND SAFEGUARDING
Your instructor will:
Treat you with respect and keep professional boundaries at all times
Not use a mobile phone or handheld device while instructing, including hands-free calls. They will only use a phone or tablet to show you a diagram or video, or to record your progress, after parking safely with the engine off.
Keep their car insured, roadworthy and legal, with dual controls, an extra rear view mirror and L plates
Only contact you through the Total Drive app, business phone or business email, and never through personal social media
Not make unnecessary physical contact with you
We take safeguarding seriously, especially for pupils under 18 and vulnerable adults. If you have any concern about your safety or about any instructor's conduct, contact The Driving Instructor's safeguarding lead, Phill Osborne, on 07790 440 180. You can also report it directly to the DVSA (see section 17).
We expect the same respect from you. Your instructor may end a lesson if your behaviour is abusive, threatening or unsafe.
14. DASH CAMS
Your instructor's car may have a dash cam, which may record video and sound, for safety, insurance and training purposes. Footage is stored securely and automatically deleted within 30 days, unless an incident has been identified. In that case it is kept only for as long as needed to deal with the incident, insurance claim or complaint. Dash cam footage will never be posted online or shared publicly without your separate consent.
15. PHOTOS, VIDEOS AND SOCIAL MEDIA
Your instructor and The Driving Instructor like to celebrate pupils' progress and passes on The Driving Instructor's website and social media (Facebook, Instagram, TikTok and YouTube).
No photo or video will be taken of you unless you agree at the time.
No photo, video or name will be posted or shared unless you have also given separate written consent using The Driving Instructor's Photo and Video Consent form.
That consent is optional. Saying no will not affect your lessons in any way.
You can withdraw consent at any time by contacting your instructor or Phill@thedrivinginstructor.net. The content will then be removed from The Driving Instructor's own pages.
16. YOUR PERSONAL DATA
Your personal data is protected under UK data protection law (UK GDPR and the Data Protection Act 2018).
Who is responsible for it:
Your instructor is the data controller for the information needed to provide your lessons.
The Driving Instructor (HPDL Car Park Management Ltd) is the data controller for photos and videos posted on its website and social media. It may also see your records to support your instructor and to deal with complaints and safeguarding concerns.
What is collected: your name, contact details, date of birth, driving licence details, pickup addresses, lesson records and progress notes, and payment records. With your explicit consent, any health information you share that affects your driving is also recorded. Photos and videos are only collected if you have consented.
Why it is used:
To provide and manage your lessons and payments (to carry out the contract with you)
To check you are legally entitled to drive, and to keep records required by the DVSA, insurers and HMRC (legal obligation)
To deal with complaints, claims and safeguarding concerns (legitimate interests or legal obligation)
To record health information that affects your safety when driving (your explicit consent)
To share photos or videos and send you news and offers, only if you have opted in (your consent)
Who it is shared with: your instructor; The Driving Instructor; Total Drive, the booking and records system; insurers; payment providers; and the DVSA, police or other authorities where the law requires it. Your data is never sold.
How long it is kept: lesson and payment records are kept for 6 years after your last lesson, then securely deleted. Health information is deleted when no longer needed. Dash cam footage is kept as set out in section 14.
Your rights: you can ask to see, correct or delete your data, object to how it is used, or withdraw consent at any time. Contact your instructor, or Phill@thedrivinginstructor.net. If you are unhappy with how your data is handled, you can complain to the Information Commissioner's Office at ico.org.uk.
17. COMPLAINTS
If you are unhappy with any part of your lessons:
Speak to your instructor first.
If it is not resolved, or you would rather not raise it with your instructor, contact The Driving Instructor: Phill Osborne, 07790 440 180, Phill@thedrivinginstructor.net. Your complaint will be acknowledged within 3 working days, and we aim to resolve it within 14 days. A record is kept of every complaint and how it was resolved.
If you are still not satisfied, or your complaint is about an instructor's conduct, you can complain directly to the DVSA at gov.uk/complain-about-a-driving-instructor.
18. LIABILITY
Your instructor is responsible for loss or damage you suffer that is a foreseeable result of them breaking these terms or failing to use reasonable care and skill. They are not responsible for:
Loss or damage that was not foreseeable
Loss or damage caused by your own actions or by you not following these terms
Events outside their reasonable control
Business losses, such as lost profit or opportunity
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law. Nothing in these terms affects your statutory rights as a consumer.
19. CHANGES TO THESE TERMS
These terms may be updated, for example to reflect changes to DVSA rules. You will be told about any changes through the Total Drive app. Changes will not affect the price of lessons you have already paid for.
Last updated: October 2026
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