A RED tape fudge between the police and the DVLA landed a Preston man in court facing a hefty fine for failing to produce his driving documents.
Shabeer Mujahid, 22, of Albatross Street, Deepdale, had his conviction of driving without a licence, MOT or insurance, quashed at Preston Magistrates' Court.
But the case only ended up in court because police were unable to access the DVLA's records to verify Mr Mujahid's motoring details and they refused to accept a letter from them as evidence of his licence.
His problems started last September when Mr Mujahid, known as Shabs, who works at Montanas, in Towngate, Leyland, was pulled over by police and told to report to Lawson Street police station with his documents.
He was unable to present his licence because he had sent it to the DVLA a month earlier to have three penalty points endorsed for an earlier motoring offence.
"I took the letter from the DVLA, and was told just to bring my licence in when I got it back," he said. "When I got my licence back a couple of weeks later, I took it to the same station and the guy behind the desk said he was going to report me for the late production of my licence."
Mr Mujahid's case went through the courts and he ended up facing a £380 fine, but the case was dropped on February 10 after he explained the situation to court officials.
Now taxpayers will have to pick up the bill for the court costs, and Mr Mujahid, whose case was reported in a newspaper, is furious about all the stress and shame it has caused him.
The case has been slammed by civil liberties group, Liberty, and Preston's MP Mark Hendrick has labelled the fiasco a "comedy or errors".
Liberty's campaign co-ordinator, Doug Jewel, said: "This is a total waste of taxpayers' money, let alone the issue of Mr Mujahid's human rights and the fact that resources would be better spent improving policing in the area."
What happened to Mr Mujahid could happen to anyone who is asked to produce their licence when they have sent it to the DVLA.
Under the Road Traffic Act 1988, motorists are required to present driving documents within seven days of being asked -- unless it is not "reasonably possible".
Police say they will only accept the actual document and not a letter from the DVLA.
"It is then up to the police and the courts to decide whether the excuse given for failing to produce the actual document to the police in time meets that criteria," said a Home Office spokesman.
Mr Mujahid is calling for an apology; he claims the ordeal has damaged his family name and caused him undue stress.
"It's been a total nightmare," he said. "This has brought shame on my family.
"I just want people to know that I didn't do it and I think the police should apologise."
A police spokesman said: "The way he was dealt with is standard procedure because it is the only way we can find out if someone does not actually have a licence and if they have any endorsements."
He said the Lancashire Constabulary does not have access to the DVLA's database.
The Home Office spokesman said police forces can check the Police National Computer, but it would only have basic information and would not include any endorsements. He added: "There are currently no plans to make the DVLA's database available to the police, but all areas of legislation are kept under review,"
A spokesman for the DVLA confirmed that a standard letter issued by their office cannot be used as proof of entitlement. "It is only intended as confirmation that the driving licence is at the agency," he said.
Mr Hendrick, said: "This seems like a comedy of errors and an unnecessary waste of the court's time, clearly Mr Mujahid is a legitimate licence holder and was quite willing to present his licence if it was available."
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