FINAL NOTICE

To:

Forest Auto Sales (Jonathan Townsend trading as)

ACTION

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


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


3.
Mr Townsend 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 Townsend’s Part 4A permission.

Forest Auto Sales (Jonathan Townsend trading as)



21 February 2019

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
Townsend dated 1 November 2018;

“the Overdue Balance” means the outstanding sum of £125.84, owed by Mr
Townsend to the Authority for annual fees and levies for the period 1 April 2017 to
31 March 2018, which was due for payment by 23 September 2017;

“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;

“Mr Townsend’s Part 4A permission” means the permission granted by the
Authority to Forest Auto Sales (Jonathan Townsend trading as) pursuant to Part
4A of 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
Townsend dated 10 October 2018.


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 Townsend is
failing to satisfy the suitability Threshold Condition, in that the Authority is not
satisfied that Mr Townsend is a fit and proper person having regard to all the
circumstances, including whether Mr Townsend managed his business in such a
way as to ensure that his affairs were conducted in a sound and prudent manner.


7.
Mr Townsend 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 Townsend 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 Townsend’s suitability,
lead the Authority to conclude that Mr Townsend 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.



Forest Auto Sales (Jonathan Townsend trading as)



21 February 2019

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 Townsend 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 Townsend 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.

Authority contact

13.
For more information concerning this matter generally, please contact Maria Lewis
at the Authority (direct line: 020 7066 0897).

Anna Couzens
Enforcement and Market Oversight Division