FINAL NOTICE

To:
Stamford Tractors (Paul Malcolm Spence trading as)

ACTION

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


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


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

Stamford Tractors (Paul Malcolm Spence trading as)

24 October 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
Spence dated 5 September 2019;

“the Overdue Balance” means the outstanding sum of £401, owed by Mr Spence
to the Authority comprising an invoice dated 2 August 2017 for £250 (which was
due for payment by 1 September 2017 for a fee for a late submission of a
regulatory return, which had been due to submitted by 13 June 2017; and an
invoice dated 19 October 2017 for £151 (which was due for payment by 18
November 2017) for regulatory fees and levies for the period 1 April 2017 to 31
March 2018;

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

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

“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
Spence dated 7 August 2019.


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


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



Stamford Tractors (Paul Malcolm Spence trading as)

24 October 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 Spence 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 Spence 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 Funmi Ojo
at the Authority (direct line: 020 7066 1354).

Martin Butcher
Enforcement and Market Oversight Division