FINAL NOTICE

To: Mark Twizell (trading as Rotary Car Sales)

FRN: 784599


Dated:
3 February 2022

ACTION

1.
For the reasons set out in this Final Notice, the Authority hereby takes the following
action against Mark Twizell (trading as Rotary Car Sales).

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

3.
Mr Twizell 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 Twizell’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
Twizell dated 10 September 2021;

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

“the Overdue Balance” means the outstanding sum of £410.69 owed by Mr Twizell
to the Authority comprising an invoice dated 5 June 2018 for £250 (which was due
for payment by 5 July 2018) for non- submission of a regulatory return, which had
been due to be submitted by 15 May 2018; and an invoice dated 23 October 2018
for £160.69 (which was due for payment by 22 November 2018) for regulatory fees
and levies for the period 1 April 2018 to 31 March 2019;



Mark Twizell (trading as Rotary Car Sales) 3 February 2022
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“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
Twizell dated 17 August 2021.

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

7.
Mr Twizell 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 Twizell has failed to
respond to the Authority’s repeated requests that he 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 Twizell’s suitability, lead
the Authority to conclude that Mr Twizell 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 Twizell 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 Twizell 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.


Mark Twizell (trading as Rotary Car Sales) 3 February 2022
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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