Boyle, Simon (Case reference: 168254)
| Case Number | 168254 |
| Year | 2019 |
| Published date | 01 August 2019 |
| Adjudicated Party | Boyle, Simon |
| Procedure Type | Track 2 (Phone-Paid Services Authority) |
1
Tribunal meeting number: 248
Case reference: 168254
Case: Prohibition of an associated individual
This case was brought against the named individual provider under Paragraph 4.8.8 of the
Code of Practice.
Background
Summary relating to Mr Simon Boyle
The Tribunal was asked to consider imposing a prohibition against Mr Simon Boyle pursuant to
paragraph 4.8.3(g) of the 14thedition of the Phone-paid Services Authority Code of Practice
(the “Code”).
The case related to an adjudication against the Level 2 provider Flipcove Limited dated 03
December 2018 (case reference: 142651). This case concerned the Level 2 provider
intentionally charging consumers when it knew that it did not hold robust evidence of consent
to charge.
Relevant Code provisions
•Paragraph 4.8.8 of the Code states:
“(a) If a Tribunal considers that it may wish to make a prohibition under sub-par agraph 4.8.3(f),
4.8.3(g) or 4.8.3(h) in respect of any associated individual , the PSA shall first make all reasonable
attempts to notify the individual concerned and the relevant party in writing.
(b) It shall inform each of them that any of them may request an opportunit y to make representations
in writing, or in person, to the Tribunal and of the right of any of them (or th e PSA itself) to instead
require an oral hearing.”
•Paragraph 4.8.3(g) of the Code states:
“Having taken all relevant circumstances into account, the T ribunal may impose any of the following
sanctions singularly or in anycombination in relation to eac h breach as it deems to be appropriate
and proportionate:
(g) prohibit a relevant party and/or an associated individual found to have been knowingly involved in
a serious breach or series of breaches of the Code from providing, or having any involvement in, any
PRS or promotion for a defined period.”
•Paragraph 5.3.9 of the Code states:
“’Associated individual’ is any sole trader, partner or direc tor or manager of a Premium rate service
provider, anyone having day to day responsibility for the conduct of its relevant business and any
individual in accordance with whose directions or inst ructions such persons are accustomed to act, or
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