Motorist's months of hell after police clerical error

A blameless father was locked in a police cell for 16 hours and left without the ability to drive for four months after a serious administrative mistake wrongly identified him as a banned motorist.

Andrew Lees, a 47-year-old IT consultant, said he feared he could end up behind bars after officers stopped and arrested him while he was driving his wife’s Kia Sportage near the family home, following police database checks that incorrectly stated he had been disqualified from driving.

In reality, the motoring offences behind the driving ban were not his at all, but had somehow been wrongly transferred onto his DVLA record.

Long before his arrest, Mr Lees had made repeated efforts to get the mistake corrected, contacting the Single Justice Service after a DVLA letter in November 2025 first alerted him to the alarming error.

That letter informed him he had been disqualified at Carlisle Magistrates’ Court after supposedly accumulating 19 penalty points on his licence.

The ban was issued through the controversial Single Justice Procedure, a fast-track system in which magistrates deal with lower-level driving offences in private hearings, often without motorists being present or legally represented.

Carlisle handled the case because it serves as one of the centres for Single Justice Procedure matters, although the offences are understood to have actually involved another driver in Greater Manchester.

Mr Lees, who had never previously been before a court, went to “considerable lengths” to uncover how he had been wrongly dragged into the case and falsely linked to another person’s driving offences.

But he was unable to obtain a response or even identify the court file responsible for the incorrect record.

Andrew Lees, 47, who was wrongly accused of driving while disqualified after a clerical error saw someone else's crime added to his driving licence record

Andrew Lees, 47, who was wrongly accused of driving while disqualified after a clerical error saw someone else’s crime added to his driving licence record

Mr Lees, who lives with his family in the leafy suburb of Sale, Greater Manchester, said: ‘I absolutely knew those points were not mine. I thought it was just an admin error that would be easily cleared up.

‘But, after repeated emails, letters and calls to the DVLA, to the Cumbrian Magistrate’s Court and to the Single Justice Service, I had no resolution.

‘It was clearly a mistake, so I genuinely thought it would be ok to drive.’

However, worse was to come for Andrew three months later.

His ordeal came to a head in February when he was stopped by police while driving. Because official records wrongly showed he was disqualified, officers arrested him and held him in custody for 16 hours.

Andrew said: ‘They pulled me over, breathalysed me twice and then said ‘let’s just get in the back of the van and we can sort this out’. Suddenly I’m arrested and heading to the cells.

‘It was terrifying. The officers just wouldn’t listen to what I was telling them. I was locked up eight miles from home for something I hadn’t done and facing a court case which could lead to jail.

‘I tried to stay strong in the cells, but inside I was crying my eyes out.’

Mr Lees said the mistake had a huge impact on his family life and prevented him from carrying out everyday tasks, including the school run

Mr Lees said the mistake had a huge impact on his family life and prevented him from carrying out everyday tasks, including the school run

While in the cells, he said the only food was ‘pot noodles for breakfast, lunch and dinner’. 

After being released on bail and given a June court date, Andrew was then facing four months being unable to drive.

Mr Lees said the mistake had a huge impact on family life, preventing him from carrying out everyday tasks, including the school run and taking his daughters, aged nine and five, to extracurricular activities or birthday parties.

The family instructed criminal defence specialists Olliers Solicitors, which now added the expense of hiring a top legal firm to their other challenges.

After examining the records, Olliers specialist motoring solicitor Austin Anderson-Brettell discovered that offences committed by another defendant had been incorrectly assigned to Mr Lees’ driving licence number.

Despite informing the Crown Prosecution Service of this fact, they didn’t immediately drop the case.

Mr Anderson-Brettell said: ‘It beggars belief that the case got this far. It should not have needed a legal professional to make it right. This could have been rectified so easily.

‘There were so many steps that could have been taken by the court, the police and the prosecution to have avoided Mr Lees going through this awful ordeal and wasting so much taxpayers’ money.’

Following representations made by Olliers, the Crown Prosecution Service finally dropped the case – the day before it was due to be heard in court.

Mr Lees said: ‘The relief when I got the call from Austin was amazing.

‘I immediately took two days off work and just drove. I drove to Wales and Scotland and enjoyed the freedom to finally get behind the wheel again.’

His lawyer has called for reform of the Single Justice Procedure.

Mr Anderson-Brettell said: ‘The system has significant flaws that cannot be ignored. The main flaw is the lack of transparency.

‘Justice must not only be done, but must be seen to be done. 

‘By allowing cases to be determined behind closed doors, the Single Justice Procedure at times risks undermining public confidence.

‘There are also concerns that the process increases the risk of convictions being secured without meaningful engagement from defendants. 

‘In some cases, important mitigation is not properly considered, vulnerable individuals do not receive the attention and consideration they require and questions about whether a prosecution is truly in the public interest goes unscrutinised.

‘Unless these concerns are addressed, there is a real risk that the system will continue to produce avoidable mistakes and injustices (such as this one), eroding confidence in the justice process it was designed to improve.’

Despite his eventual success in halting the court action, Mr Lees’ wife’s car remains still impounded by Greater Manchester Police, despite attempts to reclaim it.

The CPS said the accusations against Mr Lees were of a category where police can authorise charges without consulting them.

It was not until the case was reviewed by a Crown Prosecutor, the day before it was due to come to court, that the prosecution ‘immediately decided the matter should be discontinued’.

Greater Manchester Police have been contacted for comment. 

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