FINAL NOTICE

To:
Nicholas Powell (trading as National Car Sales)

ACTION

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

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

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

4.
Accordingly, the Authority has today cancelled Mr Powell’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 to Mr Powell dated 26 April
2019;

“EG” means the Authority’s Enforcement Guide;

“the Handbook” means the Authority’s Handbook of rules and guidance;

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

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

“SUP” means the Supervision Manual, part of the Handbook;

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

“the Effective Supervision Threshold Condition” means the Threshold Condition set
out in paragraph 2C of Schedule 6 to the Act;

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

“the Warning Notice” means the warning notice given to Mr Powell dated 28 March
2019.

REASONS FOR 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 Powell is
failing to satisfy the Effective Supervision Threshold Condition, in that Mr Powell
has failed to respond to the Authority’s attempted communications and therefore
is not capable of being effectively supervised by the Authority, having regard to all
the circumstances.

7.
Mr Powell has not demonstrated that he is ready, willing and organised to comply
with the requirements and standards under the regulatory system.

8.
These failures, which are significant in the context of the Authority’s ability to
supervise Mr Powell effectively, lead the Authority to conclude that Mr Powell 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 Mr Powell 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 Powell 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 Powell or prejudicial to the interests 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 Jacqui
Dankyi at the Authority (direct line: 020 7066 2102).

Anna Couzens
Enforcement and Market Oversight Division