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Man to sue police and court over car crushing

Derek Lyon's Honda Civic was destroyed after a case of mistaken identity.

15 October 2009 09:00 GMT

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A Dundee man is set to sue police, a court and the DVLA after his car was crushed when he was wrongly accused of road traffic offences.

Derek Lyon - who also lost his job and contact with his children after his car was impounded - was pulled over by police in a routine stop.

A computer check told officers that he had been convicted at Aberdeen Sheriff Court for drink driving and had been disqualified.

Man to sue police and court over car crushing

However, Mr Lyon insisted he had never appeared at the court in Aberdeen and told the police so at the time of his arrest in July. Officers did not believe him and seized his car, which was subsequently crushed when he could not afford to pay garaging fees.

Appearing at Dundee Sheriff Court on Wednesday his pleas of not guilty to driving while disqualified and without insurance were accepted by the Crown, and it was accepted that the authorities had confused Mr Lyon with an Aberdeen driver of the same name.

Mr Lyon's solicitor-advocate, James Laverty, told the court: "This is one of those bizarre cases."

Speaking after his court appearance, Mr Lyon, 36, of Balgarthno Terrace in Dundee, said he was going to sue Aberdeen Sheriff Court's clerk's office, the DVLA and Tayside Police.

He said: "I'm going to take legal action against the police for taking my car, the DVLA for putting somebody else's offence on my licence, and the court in Aberdeen.

"I haven't been able to drive until today. I spent four hours in the cells when I got arrested and my car got crushed even though I told them at the time it wasn't me.

"The police came the next day and I told them again that I'd never been in Aberdeen Sheriff Court and that I wasn't disqualified. The police in Dundee didn't believe me but a local policeman in Blairgowrie where I lived at the time did and he tried to sort things out for me."

Mr Lyon said he had asked what would happen to his £1,500 Honda Civic and was told it would be held until he paid for its release. However, he couldn't afford the payment and when he called the garage he was told the car had been destroyed.

He added: "It doesn't sound much but that car was mine - I owned it for three years and now I'm left with nothing."

Mr Lyon explained that he had been working on a farm in Blairgowrie at the time of his arrest, but was forced to move back to Dundee as he had no form of transport and he then lost his job.

A spokeswoman for Tayside Police said: "We cannot comment on matters that may be becoming before the court."

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  1. Default avatar

    1. 09 Nov 2009 22:08Yeti said

    This is not an isolated incident.

    Strathclyde Police stole one of my cars recently, and have charged me with keeping it in the road without insurance, even though I DO have insurance for it!

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