Complaint: [redacted] I am rejecting this response because:I am not wrong in my recollection of events [redacted] did log into the website earlier that day to confirm the appointment date and time I did not receive an email regarding the no show fee The last email I received was an appointment reminder on 11/30/ I stated that I checked the appointment time while we were waiting when it was just past 6:p.min my email archives (the appointment reminder email that came to me on 11/30/16) We only noticed the no show fee when [redacted] tried to log in later in December to try and re-schedule her drive time I agree that I am at fault for not following up sooner I should have followed up the day after her scheduled appointment I know for a fact we waited until after 6:p.mbefore deciding to leave the premises assuming that something must have happened with the instructor Because I did not follow up immediately after, there is no proof to corroborate my recollection of events I will pay the no show fee not because I agree with being charged, but because I do not want my daughter to lose out on lessons that have already been paid for and are non-refundable While there is no hard proof that the instructor was not late (and late meaning 6:p.m.), there is also no hard proof that we were there There is only my word and my recollection of events I am not satisfied with the way this situation has been handled by Mcginnis School of Driving My only hope is that no other customer has to deal with the same situation I've dealt with My complaint is mostly with how this situation has been handled I understand the need to protect a business's assets, but at what cost? I've had no previous complaint regarding the school or it's instructors I had been extremely satisfied until I spoke with MrMcginnis I would not have attempted to go this far and share my story and experience if there was a chance that I was wrong in my recollection of events The only thing I'm unsure of is the company's server time when I decided to leave I don't believe the server time was more than minutes after the time on the sign in the window I do remember checking my phone, noticing it was 6:p.m., then waliking to the door to try to open it When I pulled the handle, the door would not open It was dark at that time, so I could clearly see in the window, and no one was in there I also remember waiting a bit longer When I saw that the sign flashed 6:10, I asked my husband what we should do, and he told me he didn't think we should wait any longer so we left I did not check the time on my phone Had I followed up sooner, there would be proof on camera to corroberate my recollection of events Because I failed to follow up with the driving school sooner, I, the customer, have been made out to be in the wrong.I will log into the website and pay the no show fee to get my daughter scheduled for her remaining lessons, since it's the only solution to get what I already paid for I really hope that she will not be treated unfarily because of this situation Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason if the complaint will be closed Administratively Resolved]
On February 9, the student had a driving lesson scheduled from 2pm-3pm. When she had not arrived by 2:06, the secretary called to see if she was on her way. The student thought her appointment was for 3pm-4pm. (E-mail reminders are automatically sent from our scheduling system
hours prior to the appointment). When asked if she could arrive by 2:15, her husband said no, they were too far away. The husband was reminded that, per our policy (signed consent form is on file), the student would incur a "No Show" fee of $+tax, which would have to be paid before she would be able to reschedule. The husband was very irate, raised his voice to the secretary and belittled her. The secretary informed Marcy M*** that the customer was upset. MrsM*** called the husband, told him she could e-mail a copy of the appointment reminder that he received hours prior to the appointment and then again informed him that the "No Show" fee would have to be paid before his wife would be able to reschedule. His response was, "OK". On March 4, the student came into the office to schedule a driving lesson. She was reminded that there was an outstanding fee on her account that would have to be paid before she could schedule another lesson. Several minutes were needed to try to help her understand. She eventually went back out to the parking lot, where her husband was waiting, and had him come into the office.Ryan M*** was working out of this office on this day and simply observed at this point to see if the secretary needed any help explaining the fee and the regulations. The secretary again explained to him about the fee. He wanted us to waive the fee in lieu of one of the driving lessons included in the driver education package he had purchased for his wife. It was explained to him that we provide a full driver education package as mandated by State regulations. It is his choice if he chooses not to complete a portion of it, but we are contractually obligated to be available to provide the full course which consists of hours of classroom and hours behind-the-wheel instruction. His wife had already completed the classroom segment and her first (5) 1-hour driving lessons. He again became irritated with the secretary at which time she contacted Marcy M*** to see if anything could be adjusted. Marcy M*** told the secretary that no, the fee could not be waived in lieu of a lesson and told the secretary to remind the husband that she had already spoken to him about the No Show fee. When the secretary relayed the information to him, he became agitated and verbally abusive. At this point, Ryan M*** stepped in and offered to help explain. The husband told him to butt out. Ryan then introduced himself and said he would explain the information or the customers could leave. Ryan again explained to the husband and student that while they were under no obligation to take all of the lessons, McGinnis School of Driving was under contractual obligation to provide all of the lessons. Every time Ryan tried to explain anything, the husband became louder and tried to talk over Ryan, so Ryan had to speak louder. Every time this man did not get his way, he became louder and more abusive.Upon review of the video footage of this incident, at one point Ryan stepped closer to the man to show him information contained in the Parent Guide/Student Handbook regarding driving lessons and No Show fees. At this point the man raised his voice even more and told Ryan, "Get out of my face!" Ryan's posture and conversation did not reflect aggression, although his voice was loud.Ryan then told him to leave the premises. The husband was still yelling when Ryan said, "Get out of my business." The man's wife had to pull him out of the office.It's very interesting that this person would try to use this venue to play "The Race Card". His wife had already attended hours of classroom instruction. She seemed quite comfortable during all those hours of class. His wife had already completed hours of behind-the-wheel instruction. Again, she seemed comfortable enough with the learning environment to continue with her driving lessons. We have never asked in the past, and will never ask in the future, "what religion do you choose to follow?" Religion and race are not prerequisites or requirements for driver's education. We have had literally thousands of customers. Our customers come in all sizes, shapes, colors and in all manner of attire. All are welcome in our schools. We have had numerous English-as-a-second-language students. We work closely with these students and utilize help from their families for communications when necessary.No, this man and his wife were not treated unfairly. They were treated with the exact same policies and procedures with which all of our students are treated. He is simply mad because he did not get his way no matter how loud he spoke or how abusive he was to our employees. According to the signed consent form we have on file, the student and her husband are aware that driver education course fees are non-refundable after the first day of classroom instruction and that "hours of behind-the-wheel driving with a certified instructor is a mandatory component of your driver's education course". The Road Test, however is an optional aitem. Students are not required to take any NM MVD required tests at the school. This student opted to add the cost for the Road Test at the beginning of the class. The cost of the test plus tax has been refunded back to the credit card originally used to purchase the course in the amount of $53.59.Should this student wish to complete her last two driving lessons with us, she will first be required to pay any outstanding fees. We will then schedule her lessons exclusively with me, David M***, President, McGinnis School of Driving. We will not administer the State of New Mexico Road Skills Exam. I can just see it now: what if she fails the Road Test? Will I be called a bigot again!? NO THANK YOU!!
Mr. [redacted] contacted our offices on January 6, 2016 and spoke with Marcy M[redacted], concerned that he could only find appointments for driving lessons during his sons school hours and also that his son was only available to drive on Sundays. When reviewing the available appointments, it was...
pointed out that January 18th was available (a school holiday) if his son was out of school that day. He then realized that, yes, that would work and scheduled the lesson.After further conversation, it was asked of Mr. [redacted] why he had waited so long to notify us that his son could only drive on Sundays. His son started classes with us in July 2015 and received his learner's permit to start driving 8/7/2015. It was explained to Mr. [redacted] that while on occasion an instructor will work on a Sunday, we do not require any of our instructors to work on Sundays. Driving schedules are usually available Monday - Friday 2pm - 8pm, Saturdays 8am-5pm, and the occasional Sunday will vary. He was, at that time, told that we could not guarantee Sunday availability.Mr. [redacted] asked if it was possible to go to a different school to complete the driving lessons. We confirmed that he could transfer and gave him the information he would need if he decided to transfer. At that moment, Mr. [redacted] said he would keep the appointment for January 18, shop around for options and "get a refund, I guess". This office did not offer at that time, nor did it intend to offer at a later date a refund.On January 17th, having had no further communication from the student or parent, we received the following e-mail, sent through the student's on-line account:From: [redacted]To: [redacted]CC: [redacted]Date: Sun, 17 Jan 2016 13:04:08 -0500Subject: Email From Student PortalStudent Name: [redacted]Home Phone: ###-###-####Student Email: [redacted]Email Content:My drive for jan 18 should be cancelled. We requested the records be transferred. And a partial refund is due.
[redacted]After further looking into the student's account, the following response was sent:Good morning [redacted],Although we did receive a request for your records, we were NOT aware and very surprised because, you had hardly signed-in on your student account with us to schedule any driving appointments.
Now your saying, you had actually transferred to another school, again a
surprise. So therefore, I will cancel your driving lesson scheduled
for January 18, 2016 and deactivate your account.Per our consent
form on file, of which you have a copy in your Parent Guide/Student
Notebook, because of the nature of the service we provide, we will not
issue any refunds after the last day of the classroom segment, which
parent had signed and agreed.Regards,David M[redacted] MDEI, DCAAPresidentDriving Success, Inc. dba McGinnis School of Driving2745 San Mateo NE #KABQ NM 87110###-###-####Since students have access to schedule their driving lessons through our on-line system, a log is automatically generated. The student's log revealed that, with two exceptions, each time he logged in, he was able to schedule a lesson. He logged in in August and scheduled. He logged in twice in September but did not schedule. During the first 8 weeks of the new school year, August/September, we did get back logged with driving lessons. However, we did work closely with the students and parents who were having issues scheduling to limit the time they had to wait, when we knew about it. The student did not attempt to schedule through his on-line account in October or November. He logged in in December and scheduled. The December appointment had to be canceled due to weather. And he logged in lastly in January and, after it being brought to his attention that there was a time that would work for him, scheduled. Our call logs do not indicate any calls from any of the numbers we have on file for this student, other than the January call, however he could have called from another number.After reviewing this account, I do see where the New Mexico Road Test was purchased. This is an optional item that can be added, but is not required to meet the New Mexico Provisional Licensing requirements. I have refunded the testing fee of $53.59 and have mailed a check to the address on file and apologize for not noticing it sooner. The student driving log and signed consent form are attached to this response. The copy of the consent form is difficult to read, so a blank, exact duplicate is also attached.Mr. [redacted] waited 5 months to tell us his son could only drive on Sundays due to sports. Had we known of this obvious limitation at the beginning, or even shortly into the program, we could have worked with the parent and student to either find a solution or to advise them to wait until the student had more free time or even to seek a business that would be able to accommodate their requirements.Sincerely,David M[redacted]
Complaint: [redacted]
I am rejecting this response because:I am not wrong in my recollection of events. [redacted] did log into the website earlier that day to confirm the appointment date and time. I did not receive an email regarding the no show fee. The last email I received was an appointment reminder on 11/30/15. I stated that I checked the appointment time while we were waiting when it was just past 6:00 p.m. in my email archives (the appointment reminder email that came to me on 11/30/16). We only noticed the no show fee when [redacted] tried to log in later in December to try and re-schedule her drive time. I agree that I am at fault for not following up sooner. I should have followed up the day after her scheduled appointment. I know for a fact we waited until after 6:00 p.m. before deciding to leave the premises assuming that something must have happened with the instructor. Because I did not follow up immediately after, there is no proof to corroborate my recollection of events. I will pay the no show fee not because I agree with being charged, but because I do not want my daughter to lose out on lessons that have already been paid for and are non-refundable. While there is no hard proof that the instructor was not late (and late meaning 6:01 p.m.), there is also no hard proof that we were there. There is only my word and my recollection of events. I am not satisfied with the way this situation has been handled by Mcginnis School of Driving. My only hope is that no other customer has to deal with the same situation I've dealt with. My complaint is mostly with how this situation has been handled. I understand the need to protect a business's assets, but at what cost? I've had no previous complaint regarding the school or it's instructors. I had been extremely satisfied until I spoke with Mr. Mcginnis. I would not have attempted to go this far and share my story and experience if there was a chance that I was wrong in my recollection of events. The only thing I'm unsure of is the company's server time when I decided to leave. I don't believe the server time was more than 10 minutes after the time on the sign in the window. i do remember checking my phone, noticing it was 6:00 p.m., then waliking to the door to try to open it. When I pulled the handle, the door would not open. It was dark at that time, so I could clearly see in the window, and no one was in there. I also remember waiting a bit longer. When I saw that the sign flashed 6:10, I asked my husband what we should do, and he told me he didn't think we should wait any longer so we left. I did not check the time on my phone. Had I followed up sooner, there would be proof on camera to corroberate my recollection of events. Because I failed to follow up with the driving school sooner, I, the customer, have been made out to be in the wrong.I will log into the website and pay the no show fee to get my daughter scheduled for her remaining lessons, since it's the only solution to get what I already paid for. I really hope that she will not be treated unfarily because of this situation.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if the complaint will be closed Administratively Resolved]
I contacted Mrs. [redacted] regarding her daughter's "No/Show" fee because she left a message at the office requesting that the fee be adjusted off. She had stated that she, her daughter and her husband were at the school on time, for a 6:00pm appointment, and the instructor did not show up...
for the scheduled appointment. She said they waited for 20 minutes, 5:50pm - 6:10pm. (arrival time according to her cell phone, departure according to the time on our marquee sign. Our marquee sign does not keep accurate time)Since the instructor's schedule was 4:00pm - 8:00pm, with each student coming in on the hour that day, it would not be unheard of for an instructor to be delayed returning from a driving lesson due to traffic, so I researched that instructor's activities for the day.This is what I found:Student activity:Student scheduled this appointment from her home IP address on 11/18 @6:28pm. Student log-ins and account activity are date and time stamped with IP address. This information is from our server, not our local computers.Student's next log-in was recorded on 12/02/2015 @3:23pm from her home IP address. THIS IS THE DAY OF THE APPOINTMENT.Student's next log-in was 12/26/2015 @8:41pm from her home IP address.Instructor activity:Instructor submitted the "Student Evaluation" from the 5:00pm - 6:00pm student at 6:08pm. Submitting an evaluation requires numerous steps. The instructor returns to the office with the student; the instructor verbally summarizes the lesson, physically enters grades in no less than 7 areas, has the student sign, writes progress notes, instructor signs, then the form is submitted through our server and emailed to students and parents. This process takes a minimum of 5 minutes but, on average, 7-10 minutes.Instructor made notes in [redacted]'s account that he tried to contact her at All of the numbers listed on her account at 6:08pm. This is not time stamped, just notes according to the instructor.Instructor "No Showed" the appointment at 6:18pm. This is time stamped by our server.We do have surveillance cameras on the premises. Video history is available for approximately 20-30 days before being overwritten.I diligently tried to explain all of this to Mrs. [redacted]. I explained that, had any of this information not been available, or painted a different picture, I would have taken her word for the events and adjusted the fee. However, having done this for a number of years, I know parents and students can get their times wrong, they can show up too early for appointments, too late for appointments, they can even show up on the wrong day. So I wanted to make sure that her information was correct and also that my instructor had not been delayed.Mrs. [redacted]'s complaint states that she talked to us previously on 12/18/2015. This must reference the e-mail she says went unanswered, as she had not called the office to address this issue until 1/25/16. Student's are able to e-mail us directly from their accounts, so she must have e-mailed us from our website. These messages sometimes get routed to a spam folder, so we have no record of that e-mail.When a student incurs a No Show fee, an e-mail is automatically sent to the e-mail addresses on file in the student's account. When a student incurs a fee, they are not able to schedule anymore driving lessons until the fee is paid or adjusted. When a student has a lesson scheduled, they are not able to schedule another lesson until after they have completed the scheduled lesson.Conclusion:Mrs. [redacted] stated in her complaint that her daughter went online, presumably on the same day, to schedule another lesson. The only log-in for that day was at 3:23pm. The next login was 12/26/15 at 8:41pm. [redacted] was not "locked out" of her account on 12/2/15. If she was trying to schedule, she would not have been able to because she already had a lesson on the books. My assumption is that she was double checking her appointment time. My question is: why were we not contacted sooner? Had we been contacted the next day, the next week, or even after [redacted] discovered she couldn't schedule due to the fee on 12/26/15 (her next login), then the events would have been on the cameras, and the instructor would have a clear recollection of the events. My suggestion is that Mrs. [redacted] is wrong in her recollection. Not due to deception, but probably due to the events of the day. Her husband was in pain and her daughter had to get to an appointment. They arrived early, perhaps even at 4:50pm, not 5:50pm maybe... had to wait, became frustrated and left before the scheduled students driving time. The driving instructor was most defiantly in the office waiting for Mrs. [redacted]'s daughter at her scheduled 6:00pm appointment time. Mrs. [redacted] contacted me to adjust the fee off of her account. Not to review the events to see if we messed up or if she did. When I instead, pieced together the days events and found that I was justified in charging the no show fee, she became upset. She was not treated poorly nor called a liar. I simply presented her with the True Facts and explained that I would Not adjust the No Show Fee.So therefore, do to all log-ins and account activity that has been Time and Date Stamped with all IP addresses as true evidence, we shall Not adjust the No Show Fee. No Show Fee stands in force. David M[redacted]President McGinnis School of Driving
Complaint: [redacted] I am rejecting this response because:I am not wrong in my recollection of events [redacted] did log into the website earlier that day to confirm the appointment date and time I did not receive an email regarding the no show fee The last email I received was an appointment reminder on 11/30/ I stated that I checked the appointment time while we were waiting when it was just past 6:p.min my email archives (the appointment reminder email that came to me on 11/30/16) We only noticed the no show fee when [redacted] tried to log in later in December to try and re-schedule her drive time I agree that I am at fault for not following up sooner I should have followed up the day after her scheduled appointment I know for a fact we waited until after 6:p.mbefore deciding to leave the premises assuming that something must have happened with the instructor Because I did not follow up immediately after, there is no proof to corroborate my recollection of events I will pay the no show fee not because I agree with being charged, but because I do not want my daughter to lose out on lessons that have already been paid for and are non-refundable While there is no hard proof that the instructor was not late (and late meaning 6:p.m.), there is also no hard proof that we were there There is only my word and my recollection of events I am not satisfied with the way this situation has been handled by Mcginnis School of Driving My only hope is that no other customer has to deal with the same situation I've dealt with My complaint is mostly with how this situation has been handled I understand the need to protect a business's assets, but at what cost? I've had no previous complaint regarding the school or it's instructors I had been extremely satisfied until I spoke with MrMcginnis I would not have attempted to go this far and share my story and experience if there was a chance that I was wrong in my recollection of events The only thing I'm unsure of is the company's server time when I decided to leave I don't believe the server time was more than minutes after the time on the sign in the window I do remember checking my phone, noticing it was 6:p.m., then waliking to the door to try to open it When I pulled the handle, the door would not open It was dark at that time, so I could clearly see in the window, and no one was in there I also remember waiting a bit longer When I saw that the sign flashed 6:10, I asked my husband what we should do, and he told me he didn't think we should wait any longer so we left I did not check the time on my phone Had I followed up sooner, there would be proof on camera to corroberate my recollection of events Because I failed to follow up with the driving school sooner, I, the customer, have been made out to be in the wrong.I will log into the website and pay the no show fee to get my daughter scheduled for her remaining lessons, since it's the only solution to get what I already paid for I really hope that she will not be treated unfarily because of this situation Regards, [redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the responseIf the consumer does not provide a reason if the complaint will be closed Administratively Resolved]
On February 9, the student had a driving lesson scheduled from 2pm-3pm. When she had not arrived by 2:06, the secretary called to see if she was on her way. The student thought her appointment was for 3pm-4pm. (E-mail reminders are automatically sent from our scheduling system
hours prior to the appointment). When asked if she could arrive by 2:15, her husband said no, they were too far away. The husband was reminded that, per our policy (signed consent form is on file), the student would incur a "No Show" fee of $+tax, which would have to be paid before she would be able to reschedule. The husband was very irate, raised his voice to the secretary and belittled her. The secretary informed Marcy M*** that the customer was upset. MrsM*** called the husband, told him she could e-mail a copy of the appointment reminder that he received hours prior to the appointment and then again informed him that the "No Show" fee would have to be paid before his wife would be able to reschedule. His response was, "OK". On March 4, the student came into the office to schedule a driving lesson. She was reminded that there was an outstanding fee on her account that would have to be paid before she could schedule another lesson. Several minutes were needed to try to help her understand. She eventually went back out to the parking lot, where her husband was waiting, and had him come into the office.Ryan M*** was working out of this office on this day and simply observed at this point to see if the secretary needed any help explaining the fee and the regulations. The secretary again explained to him about the fee. He wanted us to waive the fee in lieu of one of the driving lessons included in the driver education package he had purchased for his wife. It was explained to him that we provide a full driver education package as mandated by State regulations. It is his choice if he chooses not to complete a portion of it, but we are contractually obligated to be available to provide the full course which consists of hours of classroom and hours behind-the-wheel instruction. His wife had already completed the classroom segment and her first (5) 1-hour driving lessons. He again became irritated with the secretary at which time she contacted Marcy M*** to see if anything could be adjusted. Marcy M*** told the secretary that no, the fee could not be waived in lieu of a lesson and told the secretary to remind the husband that she had already spoken to him about the No Show fee. When the secretary relayed the information to him, he became agitated and verbally abusive. At this point, Ryan M*** stepped in and offered to help explain. The husband told him to butt out. Ryan then introduced himself and said he would explain the information or the customers could leave. Ryan again explained to the husband and student that while they were under no obligation to take all of the lessons, McGinnis School of Driving was under contractual obligation to provide all of the lessons. Every time Ryan tried to explain anything, the husband became louder and tried to talk over Ryan, so Ryan had to speak louder. Every time this man did not get his way, he became louder and more abusive.Upon review of the video footage of this incident, at one point Ryan stepped closer to the man to show him information contained in the Parent Guide/Student Handbook regarding driving lessons and No Show fees. At this point the man raised his voice even more and told Ryan, "Get out of my face!" Ryan's posture and conversation did not reflect aggression, although his voice was loud.Ryan then told him to leave the premises. The husband was still yelling when Ryan said, "Get out of my business." The man's wife had to pull him out of the office.It's very interesting that this person would try to use this venue to play "The Race Card". His wife had already attended hours of classroom instruction. She seemed quite comfortable during all those hours of class. His wife had already completed hours of behind-the-wheel instruction. Again, she seemed comfortable enough with the learning environment to continue with her driving lessons. We have never asked in the past, and will never ask in the future, "what religion do you choose to follow?" Religion and race are not prerequisites or requirements for driver's education. We have had literally thousands of customers. Our customers come in all sizes, shapes, colors and in all manner of attire. All are welcome in our schools. We have had numerous English-as-a-second-language students. We work closely with these students and utilize help from their families for communications when necessary.No, this man and his wife were not treated unfairly. They were treated with the exact same policies and procedures with which all of our students are treated. He is simply mad because he did not get his way no matter how loud he spoke or how abusive he was to our employees. According to the signed consent form we have on file, the student and her husband are aware that driver education course fees are non-refundable after the first day of classroom instruction and that "hours of behind-the-wheel driving with a certified instructor is a mandatory component of your driver's education course". The Road Test, however is an optional aitem. Students are not required to take any NM MVD required tests at the school. This student opted to add the cost for the Road Test at the beginning of the class. The cost of the test plus tax has been refunded back to the credit card originally used to purchase the course in the amount of $53.59.Should this student wish to complete her last two driving lessons with us, she will first be required to pay any outstanding fees. We will then schedule her lessons exclusively with me, David M***, President, McGinnis School of Driving. We will not administer the State of New Mexico Road Skills Exam. I can just see it now: what if she fails the Road Test? Will I be called a bigot again!? NO THANK YOU!!
Mr. [redacted] contacted our offices on January 6, 2016 and spoke with Marcy M[redacted], concerned that he could only find appointments for driving lessons during his sons school hours and also that his son was only available to drive on Sundays. When reviewing the available appointments, it was...
pointed out that January 18th was available (a school holiday) if his son was out of school that day. He then realized that, yes, that would work and scheduled the lesson.After further conversation, it was asked of Mr. [redacted] why he had waited so long to notify us that his son could only drive on Sundays. His son started classes with us in July 2015 and received his learner's permit to start driving 8/7/2015. It was explained to Mr. [redacted] that while on occasion an instructor will work on a Sunday, we do not require any of our instructors to work on Sundays. Driving schedules are usually available Monday - Friday 2pm - 8pm, Saturdays 8am-5pm, and the occasional Sunday will vary. He was, at that time, told that we could not guarantee Sunday availability.Mr. [redacted] asked if it was possible to go to a different school to complete the driving lessons. We confirmed that he could transfer and gave him the information he would need if he decided to transfer. At that moment, Mr. [redacted] said he would keep the appointment for January 18, shop around for options and "get a refund, I guess". This office did not offer at that time, nor did it intend to offer at a later date a refund.On January 17th, having had no further communication from the student or parent, we received the following e-mail, sent through the student's on-line account:From: [redacted]To: [redacted]CC: [redacted]Date: Sun, 17 Jan 2016 13:04:08 -0500Subject: Email From Student PortalStudent Name: [redacted]Home Phone: ###-###-####Student Email: [redacted]Email Content:My drive for jan 18 should be cancelled. We requested the records be transferred. And a partial refund is due.
[redacted]After further looking into the student's account, the following response was sent:Good morning [redacted],Although we did receive a request for your records, we were NOT aware and very surprised because, you had hardly signed-in on your student account with us to schedule any driving appointments.
Now your saying, you had actually transferred to another school, again a
surprise. So therefore, I will cancel your driving lesson scheduled
for January 18, 2016 and deactivate your account.Per our consent
form on file, of which you have a copy in your Parent Guide/Student
Notebook, because of the nature of the service we provide, we will not
issue any refunds after the last day of the classroom segment, which
parent had signed and agreed.Regards,David M[redacted] MDEI, DCAAPresidentDriving Success, Inc. dba McGinnis School of Driving2745 San Mateo NE #KABQ NM 87110###-###-####Since students have access to schedule their driving lessons through our on-line system, a log is automatically generated. The student's log revealed that, with two exceptions, each time he logged in, he was able to schedule a lesson. He logged in in August and scheduled. He logged in twice in September but did not schedule. During the first 8 weeks of the new school year, August/September, we did get back logged with driving lessons. However, we did work closely with the students and parents who were having issues scheduling to limit the time they had to wait, when we knew about it. The student did not attempt to schedule through his on-line account in October or November. He logged in in December and scheduled. The December appointment had to be canceled due to weather. And he logged in lastly in January and, after it being brought to his attention that there was a time that would work for him, scheduled. Our call logs do not indicate any calls from any of the numbers we have on file for this student, other than the January call, however he could have called from another number.After reviewing this account, I do see where the New Mexico Road Test was purchased. This is an optional item that can be added, but is not required to meet the New Mexico Provisional Licensing requirements. I have refunded the testing fee of $53.59 and have mailed a check to the address on file and apologize for not noticing it sooner. The student driving log and signed consent form are attached to this response. The copy of the consent form is difficult to read, so a blank, exact duplicate is also attached.Mr. [redacted] waited 5 months to tell us his son could only drive on Sundays due to sports. Had we known of this obvious limitation at the beginning, or even shortly into the program, we could have worked with the parent and student to either find a solution or to advise them to wait until the student had more free time or even to seek a business that would be able to accommodate their requirements.Sincerely,David M[redacted]
Complaint: [redacted]
I am rejecting this response because:I am not wrong in my recollection of events. [redacted] did log into the website earlier that day to confirm the appointment date and time. I did not receive an email regarding the no show fee. The last email I received was an appointment reminder on 11/30/15. I stated that I checked the appointment time while we were waiting when it was just past 6:00 p.m. in my email archives (the appointment reminder email that came to me on 11/30/16). We only noticed the no show fee when [redacted] tried to log in later in December to try and re-schedule her drive time. I agree that I am at fault for not following up sooner. I should have followed up the day after her scheduled appointment. I know for a fact we waited until after 6:00 p.m. before deciding to leave the premises assuming that something must have happened with the instructor. Because I did not follow up immediately after, there is no proof to corroborate my recollection of events. I will pay the no show fee not because I agree with being charged, but because I do not want my daughter to lose out on lessons that have already been paid for and are non-refundable. While there is no hard proof that the instructor was not late (and late meaning 6:01 p.m.), there is also no hard proof that we were there. There is only my word and my recollection of events. I am not satisfied with the way this situation has been handled by Mcginnis School of Driving. My only hope is that no other customer has to deal with the same situation I've dealt with. My complaint is mostly with how this situation has been handled. I understand the need to protect a business's assets, but at what cost? I've had no previous complaint regarding the school or it's instructors. I had been extremely satisfied until I spoke with Mr. Mcginnis. I would not have attempted to go this far and share my story and experience if there was a chance that I was wrong in my recollection of events. The only thing I'm unsure of is the company's server time when I decided to leave. I don't believe the server time was more than 10 minutes after the time on the sign in the window. i do remember checking my phone, noticing it was 6:00 p.m., then waliking to the door to try to open it. When I pulled the handle, the door would not open. It was dark at that time, so I could clearly see in the window, and no one was in there. I also remember waiting a bit longer. When I saw that the sign flashed 6:10, I asked my husband what we should do, and he told me he didn't think we should wait any longer so we left. I did not check the time on my phone. Had I followed up sooner, there would be proof on camera to corroberate my recollection of events. Because I failed to follow up with the driving school sooner, I, the customer, have been made out to be in the wrong.I will log into the website and pay the no show fee to get my daughter scheduled for her remaining lessons, since it's the only solution to get what I already paid for. I really hope that she will not be treated unfarily because of this situation.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if the complaint will be closed Administratively Resolved]
I contacted Mrs. [redacted] regarding her daughter's "No/Show" fee because she left a message at the office requesting that the fee be adjusted off. She had stated that she, her daughter and her husband were at the school on time, for a 6:00pm appointment, and the instructor did not show up...
for the scheduled appointment. She said they waited for 20 minutes, 5:50pm - 6:10pm. (arrival time according to her cell phone, departure according to the time on our marquee sign. Our marquee sign does not keep accurate time)Since the instructor's schedule was 4:00pm - 8:00pm, with each student coming in on the hour that day, it would not be unheard of for an instructor to be delayed returning from a driving lesson due to traffic, so I researched that instructor's activities for the day.This is what I found:Student activity:Student scheduled this appointment from her home IP address on 11/18 @6:28pm. Student log-ins and account activity are date and time stamped with IP address. This information is from our server, not our local computers.Student's next log-in was recorded on 12/02/2015 @3:23pm from her home IP address. THIS IS THE DAY OF THE APPOINTMENT.Student's next log-in was 12/26/2015 @8:41pm from her home IP address.Instructor activity:Instructor submitted the "Student Evaluation" from the 5:00pm - 6:00pm student at 6:08pm. Submitting an evaluation requires numerous steps. The instructor returns to the office with the student; the instructor verbally summarizes the lesson, physically enters grades in no less than 7 areas, has the student sign, writes progress notes, instructor signs, then the form is submitted through our server and emailed to students and parents. This process takes a minimum of 5 minutes but, on average, 7-10 minutes.Instructor made notes in [redacted]'s account that he tried to contact her at All of the numbers listed on her account at 6:08pm. This is not time stamped, just notes according to the instructor.Instructor "No Showed" the appointment at 6:18pm. This is time stamped by our server.We do have surveillance cameras on the premises. Video history is available for approximately 20-30 days before being overwritten.I diligently tried to explain all of this to Mrs. [redacted]. I explained that, had any of this information not been available, or painted a different picture, I would have taken her word for the events and adjusted the fee. However, having done this for a number of years, I know parents and students can get their times wrong, they can show up too early for appointments, too late for appointments, they can even show up on the wrong day. So I wanted to make sure that her information was correct and also that my instructor had not been delayed.Mrs. [redacted]'s complaint states that she talked to us previously on 12/18/2015. This must reference the e-mail she says went unanswered, as she had not called the office to address this issue until 1/25/16. Student's are able to e-mail us directly from their accounts, so she must have e-mailed us from our website. These messages sometimes get routed to a spam folder, so we have no record of that e-mail.When a student incurs a No Show fee, an e-mail is automatically sent to the e-mail addresses on file in the student's account. When a student incurs a fee, they are not able to schedule anymore driving lessons until the fee is paid or adjusted. When a student has a lesson scheduled, they are not able to schedule another lesson until after they have completed the scheduled lesson.Conclusion:Mrs. [redacted] stated in her complaint that her daughter went online, presumably on the same day, to schedule another lesson. The only log-in for that day was at 3:23pm. The next login was 12/26/15 at 8:41pm. [redacted] was not "locked out" of her account on 12/2/15. If she was trying to schedule, she would not have been able to because she already had a lesson on the books. My assumption is that she was double checking her appointment time. My question is: why were we not contacted sooner? Had we been contacted the next day, the next week, or even after [redacted] discovered she couldn't schedule due to the fee on 12/26/15 (her next login), then the events would have been on the cameras, and the instructor would have a clear recollection of the events. My suggestion is that Mrs. [redacted] is wrong in her recollection. Not due to deception, but probably due to the events of the day. Her husband was in pain and her daughter had to get to an appointment. They arrived early, perhaps even at 4:50pm, not 5:50pm maybe... had to wait, became frustrated and left before the scheduled students driving time. The driving instructor was most defiantly in the office waiting for Mrs. [redacted]'s daughter at her scheduled 6:00pm appointment time. Mrs. [redacted] contacted me to adjust the fee off of her account. Not to review the events to see if we messed up or if she did. When I instead, pieced together the days events and found that I was justified in charging the no show fee, she became upset. She was not treated poorly nor called a liar. I simply presented her with the True Facts and explained that I would Not adjust the No Show Fee.So therefore, do to all log-ins and account activity that has been Time and Date Stamped with all IP addresses as true evidence, we shall Not adjust the No Show Fee. No Show Fee stands in force. David M[redacted]President McGinnis School of Driving