Cops nicked me for crime I didn't commit then crushed my car; Victim left with nothing after blunder.

Byline: Mark McGivern

A CASE of mistaken identity led to a farm worker having his car crushed, a court heard yesterday.

Derek Lyon, who also lost his job after his car was seized, is now to take legal action against the police, a sheriff clerk's office and the DVLA.

His run of bad luck began when he was pulled over in a routine stop by police in Dundee.

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

But Derek, 36, 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 crushed when he could not afford to pay garaging fees.

But at Dundee Sheriff Court yesterday, Derek's pleas of not guilty to driving while banned and without insurance were accepted by the Crown.

It was accepted that the authorities had confused Derek with an Aberdeen driver of the same name. He is now going to sue them.

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 what had happened.

"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."

Derek said he had asked what would happen to his pounds 1500 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."

Derek, of Balgarthno Terrace, Dundee, explained that he had been working on a farm in Blairgowrie at the time of his arrest.

But was forced to move back to his home city as he had no form of transport. He then lost his job.

Solicitor-advocate James Laverty said: "This is one of those bizarre cases."

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

CAPTION(S):

WRECKED: Derek's mangled Honda GONE: Derek and his Honda Civic which he was stopped in