FINAL NOTICE

To: Darren Evans (trading as BD Automotive and BD Performance)

FRN: 671408


ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Mr Evans.


2.
The Authority issued to Mr Evans the Decision Notice which notified Mr Evans that
for the reasons given below and pursuant to section 55J of the Act, the Authority
had decided to cancel Mr Evans’s Part 4A permission.


3.
Mr Evans has not referred the matter to the Tribunal within 28 days of the date on
which the Decision Notice was given to him.


4.
Accordingly, the Authority has today cancelled Mr Evans’s Part 4A permission.

DEFINITIONS

5.
The definitions below are used in this Final Notice:

“the Act” means the Financial Services and Markets Act 2000;

“the Authority” means the Financial Conduct Authority;

“the Decision Notice” means the Decision Notice issued by the Authority to Mr Evans
dated 6 August 2020;

“Mr Evans’s Part 4A permission” means the permission granted by the Authority to
Mr Evans pursuant to Part 4A of the Act;

“the Overdue Balance” means the outstanding sum of £406.19, owed by Mr Evans
to the Authority comprising an invoice dated 20 June 2019 for £250 (which was due
for payment by 20 July 2019) for a late submission of a regulatory return, which
had been due to be submitted by 15 May 2019; and an invoice dated 8 October
2019 for £156.19 (which was due for payment by 7 November 2019) for regulatory
fees and levies for the period 1 April 2019 to 31 March 2020;


Darren Evans (trading as BD Automotive and BD Performance) 12 October 2020
Final Notice Page 2

“the Principles” means the Authority’s Principles for Businesses;

“the suitability Threshold Condition” means the threshold condition set out in
paragraph 2E of Schedule 6 to the Act;

“the Threshold Conditions” means the threshold conditions set out in Schedule 6

to the Act;

“the Tribunal” means the Upper Tribunal (Tax and Chancery Chamber); and

“the Warning Notice” means the Warning Notice issued by the Authority to Mr Evans
dated 9 July 2020.


REASONS FOR THE ACTION

6.
On the basis of the facts and matters and conclusions described in the Warning
Notice, and in the Decision Notice, it appears to the Authority that Mr Evans is failing
to satisfy the suitability Threshold Condition, in that the Authority is not satisfied
that Mr Evans is a fit and proper person having regard to all the circumstances,
including whether Mr Evans managed his business in such a way as to ensure that
his affairs were conducted in a sound and prudent manner.


7.
Mr Evans has failed to pay the Overdue Balance and he has not been open and co-
operative in all his dealings with the Authority, in that Mr Evans has failed to
respond to the Authority’s repeated requests for him to pay the Overdue Balance,
and has thereby failed to comply with Principle 11 of the Principles and to satisfy
the Authority that he is ready, willing and organised to comply with the
requirements and standards of the regulatory system.


8.
These failures, which are significant in the context of Mr Evans’s suitability, lead
the Authority to conclude that Mr Evans has failed to manage his business in such
a way as to ensure that his affairs are conducted in a sound and prudent manner,
that he is not a fit and proper person, and that he is therefore failing to satisfy the
Threshold Conditions in relation to the regulated activities for which he was granted
a Part 4A permission.

DECISION MAKER

9.
The decision which gave rise to the obligation to give this Final Notice was made by
the Regulatory Decisions Committee.

IMPORTANT

10.
This Final Notice is given to Mr Evans in accordance with section 390(1) of the Act.

Publicity

11.
The Authority must publish such information about the matter to which this Final
Notice relates as the Authority considers appropriate. The information may be
published in such manner as the Authority considers appropriate. However, the
Authority may not publish information if such publication would, in the opinion of
the Authority, be unfair to Mr Evans or prejudicial to the interest of consumers.


12.
The Authority intends to publish such information about the matter to which this
Final Notice relates as it considers appropriate.


Darren Evans (trading as BD Automotive and BD Performance) 12 October 2020
Final Notice Page 3

Authority contact

13.
For more information concerning this matter generally, please contact Funmi Ojo
at the Authority (direct line: 020 7066 1354).

Anna Couzens
Enforcement and Market Oversight Division