BMW sales manager ‘unfairly dismissed’ after ‘grave mistake’ at Harrogate garage

The sales manager of BMW dealership near Harrogate was unfairly dismissed after selling a car against money laundering guidance, a tribunal has found.

James Dent was employed as head of sales at Stratstone BMW in Pannal until last September, when he was dismissed without notice from his job.

It followed the sale of a vehicle on September 1, which a tribunal in Leeds heard was one of the busiest trading days of the year, when new registrations were released.

A report from the tribunal, published yesterday, found Mr Dent had been asked not to hand over a new car to a customer on the “red list”, which indicated a third party was paying for the vehicle.

The list had been compiled after the company was contacted by police the previous day in relation to another buyer who was involved in criminal activity.

The tribunal was told a third-party funder was also seen as a risk for re-sale – when another garage which sells the car on at an inflated price. If the Harrogate dealership was found to have sold in these circumstances, it could lose its franchise with BMW and Mini, the hearing was told.

After an investigation, Mr Dent was told by Stratstone’s national franchise director for BMW and Mini, Anthony Partington, in a letter dated September 16, that he had been dismissed.

In the tribunal report, Judge Knowles wrote:

“The letter is effectively dismissal for decisions which place the respondent at risk of being knowingly involved with money laundering and also knowingly selling to resellers, exposing the franchise to possible penalties and his inability to follow a simple instruction from his regional director.”

The court heard Mr Dent had argued he was following a similar sale he had witnessed, when the regional sales director had effectively sold a car to a third party against company policy.

However, the tribunal found there were some differences between the two cases, including that the third party paying for the car was present during the transaction, though someone else collected the keys.

In his case, Mr Dent had not sought approval from a senior director before handing over the keys to someone when a third party, who was not present, was paying for the car.

‘Grave mistake’

Judge Knowles wrote:

“The claimant did not underestimate that he had done something seriously wrong. He described it as a wrong judgment on something that was high priority. He acknowledged that he overlooked the fact that they were not delivering the car to the paying customer.

“The claimant’s concluding comments were ‘I’d like to make it plain that I have not set out to deliberately contravene the company’s policy or risk myself or the company. I have made a grave mistake… but I’ve had a busy stressful day and I’ve made a poor judgement in the heat of the moment’.

“The claimant explained some circumstances in mitigation, that he had been busy that day, and that he had dealt with an extremely aggressive customer earlier who had been unhappy with the cleanliness of his new vehicle. He says his mind was elsewhere.”

The judge found there was no dispute between Mr Dent or his employer over whether the transaction had taken place on September 1.

However, what was disputed was the way in which the investigation was carried out.

Mr Partington’s letter made reference to other matters coming to light which showed “huge potential risk” to Stratstone, a trading name of Pendragon PLC.

Judge Knowles found these other matters had not been shared with Mr Dent during the disciplinary process and were not detailed in the dismissal letter.

‘Conscious decision’

In the letter, Mr Partington concluded:

“Finally, I can clearly see in the hearing, and throughout the relationship I have had with you, that the decisions made here are very unlikely to have been made for personal gain, or to knowingly de-fraud or compromise the business.

“Your attitude and approach has always proved to be professional and your commitment to the business is clear.”

Yet when Mr Dent appealed the decision and was unsuccessful, he was found to have “made a conscious decision to not follow clear instruction from your leader, and allowed the business to be put at risk by acting above your authority”.

The tribunal report also found the investigation into the regional sales director’s transaction, cited by Mr Dent as another example of a similar sale, had not been fully investigated.

Leeds Employment Tribunal at City Exchange in Leeds City Centre.Leeds Employment Tribunal at City Exchange in Leeds City Centre

Mr Dent said the real reason for his dismissal was because of the risk to the Harrogate garage of being known to have sold cars that were being paid for by third parties.

However, in response Stratstone BMW told the tribunal Mr Dent had been fully aware of the risk of releasing the car to the man in question, having helped to identify potential suspect transactions for that day.

The company said Mr Dent “acted contrary to clear management instructions” not to release the car, and accepted doing so warranted “some level of disciplinary action”, even dismissal.

Judge Knowles agreed that Mr Dent had handed the car over in contravention of the instructions he had been given.

Yet the report also found there was no evidence this was “deliberate” and that this had only been suggested following his appeal rather than as part of the disciplinary process.

It also found the “wider issues” had only been mentioned after the appeal, in the letter confirming Mr Dent’s dismissal, and no such issues had been put to him.

‘Hurdles to be cleared’

Concluding, Judge Knowles said that while the process of the dismissal had been unfair, Mr Dent’s actions meant he had been “wholly to blame for his dismissal”.

The judge therefore found Mr Dent had been unfairly dismissed, but had not been wrongly dismissed, and was not due any compensation in lieu of notice.

The report also said:

“Worryingly the anti-money laundering and counter terrorist financing policy and related security processes seem to have been treated by both [Mr Dent] and the [regional sales director] simply as hurdles to be cleared. This makes the policy somewhat of a false dawn.

“I suspect that this… will be an uncomfortable read for the board and its audit and risk sub-committee who have clearly sponsored and approved the policy.”


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Five traffic lights stolen at roadworks in Knaresborough

Five sets of traffic lights have been stolen from one of the busiest junctions in Knaresborough.

The lights were taken from the junction of York Place and King James Road, close to King James’s School.

Northern Gas Networks is carrying out roadworks at the junction. Work is due to end on Friday next week.

The theft of the lights was not reported to police until at least 14 hours after it happened.

A North Yorkshire Police spokesperson said:

“The theft of five temporary traffic lights in Knaresborough was reported at 2.38pm on Monday.

“It happened on King James Road and York Place between 11am on Sunday, July 30 and midnight.”

The Stray Ferret asked how much the lights were worth. The spokesperson replied “thousands of pounds”.

Councillor Matt Walker, a Liberal Democrat who represents Knaresborough West on North Yorkshire Council, said the theft was both unusual and unwelcome. He added:

“It has caused disruption, delays and additional costs to the works.

“I am working with officers on how repeat occurrences can be prevented and a reduction in the town’s vandalism and anti-social behaviour.”

Anyone with information can contact the police by dialling 101 or contact Crimestoppers anonymously on 0800 555 111.

The police reference number is NYP-31072023-0313.


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Vandalism causes extended closure of Ripon playground

A children’s playground at Quarry Moor Park in Ripon will remain closed for the foreseeable future because of ongoing vandalism and anti-social behaviour.

The decision to maintain the closure was taken by councillors in private session at Monday evening’s Ripon City Council meeting and confirmed in a statement on the council’s Facebook page.

It said that the council “regretfully resolved not to reinstate the playground at Quarry Moor at the present time”.

It added:

“Unfortunately the site is being vandalised almost daily. We are working with North Yorkshire Police who are responding to the regular reports of anti-social behaviour when they occur.

“Until we can plan a way forward with our partners that includes measures that impact on the behaviour at the site we are unable to commit funds to the playground.”

The statement added:

“We appreciate that this is caused by a small minority and that it is affecting our residents using the site. We are actively seeking solutions to the issue (and) will provide a further update as soon as possible.”

Quarry Moor is funded by an annual grant from the city council and the budget for 2023-24 is £15,000.

The playground has remained closed since a vandal attack In March and this followed a six-month closure from September 2021 due to a rat infestation which was eradicated after rubbish bins were removed from the site.


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Jail for drug dealers caught outside Harrogate’s Valley Gardens

Two drug dealers arrested outside Harrogate’s Valley Gardens have been jailed.

Plain clothed county lines drugs officers from North Yorkshire Police were on patrol in Valley Gardens in October 2020, when they came across Ishmaal Mahmood and Ifaaq Mahmood in a Volkswagen Jetta parked on Valley Drive.

According to police, Ishmaal Mahmood, 25, of Stonegate Chase, Harehills, Leeds, appeared to try and delete messages from the phone he was using as officers tried to speak with him.

He and Ifaaq Mahmood, 28, of Leeds at the time, were detained for a search under the Misuse of Drugs Act after what police described as “implausible and inconsistent reasons for being in Harrogate”.

Drugs recovered from the car 

Both pleaded guilty to possessing cocaine with intent to supply and possessing MDMA with intent to supply.

Ishmaal was jailed for three years and four months and Ifaaq was jailed for one year and eight months. In 2020, Ishmaal was previously sentenced to seven months in jail for possessing a knife linked to the same incident.

‘I’ve got a knife on me’

Ishmaal Mahmood said to one of the officers outside Valley Gardens “I’ve got a knife on me” and was found to be in possession of a curved hunting knife.

On searching the vehicle, a blue latex glove containing multiple snap bags containing white and brown powder, believed to be cocaine and MDMA, were recovered. Both were arrested on suspicion of possession with intent to supply class A drugs. Ishmaal was also arrested for possession of the knife.

Addresses linked to both were searched and at the address of Ishmaal officers found a small amount of cannabis, further weapons and a large amount of deal bags.

Drug analysis on the suspected class A drugs seized from the vehicle confirmed the drugs as 32 individual wraps including 28 cocaine and 4 MDMA. This has a street value of approximately £1,500.

Forensic analysis of the drugs and phone analysis ultimately linked both men to the supply of cocaine and MDMA in the Harrogate area. It also showed Ishmaal was occasionally acting as a recruiter and trying to set up his own drug line.

The seized hunting knife

The pair were sentenced for the drug offences at York Crown Court yesterday,

Investigating officer, PC Michael Haydock from the county lines Operation Expedite team in Harrogate, said:

“Ishmaal and Ifaaq Mahmood were working together for a county line with the sole objective of selling highly dangerous and addictive drugs on the streets of Harrogate.

“They have done this freely and for their own gain, without the slightest bit of thought or consideration for the wider implications of their actions.

“Furthermore, they were on our streets in possession of a knife which had the potential to cause devastating injuries or worse. There is no place for this and both have received all that they deserve. Hopefully the pair have now seen the error of their ways and similarly, anyone who believes they can commit drug crime in North Yorkshire can expect to face the consequences.”


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Travellers leave Harrogate’s Ashville College

Travellers left Harrogate’s Ashville College last night, three days after they arrived.

The fee-paying school postponed home sports fixtures when caravans pitched up on the sports field off Yew Tree Lane on Friday night.

North Yorkshire Police said last night all vehicles had vacated the field by 7.15pm.

A police spokesperson said:

“The Harrogate neighbourhood policing team has worked closely with the college and community partners to resolve this issue.

“Our officers are continuing to liaise with all parties and are carrying out patrols in the area to address safety and security concerns.”

Ashville College

An Ashville spokesman said it served notice on the travellers to leave the school grounds yesterday morning. He added:

“The police successfully handled the departure and we are delighted to confirm that they all have left the site.

“Crucially, the order served today prohibits a return to our site within the next twelve months.

“We have secured the entrance they forced themselves through on Friday night.

Ashville head Rhiannon Wilkinson said in a letter to parents:

“It has been a challenging three days and I am enormously grateful to my colleagues in boarding who have done an exceptional job looking after the boarders this weekend in what have been difficult circumstances.”


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Police patrols monitoring travellers at Harrogate’s Ashville School

Ashville College in Harrogate said today police were conducting regular patrols after travellers set up camp on the sports field.

An encampment arrived at the independent school on Friday night.

In an update today, a spokesman for the college said it had been working with North Yorkshire Police “and other authorities to expedite the removal of the travellers from our sports field”.

He added:

“As a precautionary measure, there is a fence running the width of the site to separate the school from the travellers.

“They have been instructed by the police, who are carrying out regular patrols, not to go near school buildings or any pupils.”

Home sports fixtures were postponed following the weekend arrival of travellers.

The spokesman said:

“Thanks to the hard work and vigilance of all our teaching and support staff, the school is fully operational today, although there have been some minor adjustments for our youngest pupils in Acorns pre-prep and reception.

“GCSE and A-level examinations are running as usual in the sports centre. Sports lessons, and after-school clubs and activities, are also uninterrupted.

“We are providing regular updates to families until the situation is resolved, and thank them for their continued support and understanding.”

Travellers previously pitched up on Ashville’s sports fields off Yew Tree Lane in August 2021 and demanded money to leave.

The Stray Ferret asked North Yorkshire Police what action it had taken but has not received a response.


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Bulgarian martial arts experts jailed for dealing cocaine in Harrogate

Two Bulgarian martial arts experts have been jailed for peddling cocaine in Harrogate after delving into the UK drug market within a week of arriving in the country.

Emilov Andonov, an expert in the Russian combat sport sambo, and his sidekick Stanislav Stefanov, a professional judo trainer, were stopped by police in the Asda car park where officers suspected a drug deal was taking place, York Crown Court heard.

Prosecutor Rachael Landin said Stefanov, a part-time bouncer in his home country, had been driving an Audi, and Andonov was in a Toyota. Police suspected something was amiss when one of the men got into the other’s car.

Officers searched both vehicles and found 11 wraps of cocaine, worth £550, under the gear stick in the Audi.

They found a further 19 wraps of high-purity cocaine under the covering of the gear stick in the Toyota. Those drugs were worth £950.

They also seized three mobile phones which showed that text messages had been pinging back and forth between the two men in the four days preceding their arrest on January 28.

It appeared that Andonov and Stefanov, both national-level martial artists in their homeland, had been working under orders from people higher up the drug chain who provided them with “post codes and instructions” to deliver their illicit wares.

They were each charged with possessing a Class A drug with intent to supply but initially denied the offence, claiming they had “bought in bulk” for their own personal use.

However, they ultimately changed their pleas to guilty and appeared for sentence yesterday after being remanded in custody. They were assisted by a Bulgarian interpreter.

Just arrived in England

Defence barrister Matthew Harding, for Andonov, said both men, of no fixed address, had only been in the country for a week before they got involved in the drug trade.

He said they had been “sent up to the Yorkshire area” to deal cocaine by their drug overlords in London, adding:

“They are clearly delivering under (instruction).

“At times they don’t know where to go or what they are doing.”

He claimed when the two men arrived in the country on January 20, they had no intention of lurching into crime.

He said Andonov, 21, was a judo expert who studied sambo at the national academy in Sofia, the Bulgarian capital. Mr Harding added:

“He and his co-accused have competed in (national) competitions,”

“He will inevitably receive a sentence that means his deportation from this country is automatic.”


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John Batchelor, for Stefanov, said his 21-year-old client was a professional judo trainer and part-time doorman who had studied at the same sports school as Andonov. The barrister added:

“He’s competed at national level and they’ve known each other from school.”

He said the two men arrived in London initially where they were “offered an opportunity” to deal drugs in Yorkshire.

He added Stefanov would go back to judo training and study upon his inevitable deportation to Bulgaria.

Judge Sean Morris told the defendants:

“Within days of arriving in this country you were breaking the law in the most serious way.

“You were being directed where to sell drugs and that meant you were putting the citizens of this country at risk for your own greed.

“I recommend, on the completion of your sentence, (that) you are immediately deported back to Bulgaria.”

Each man was jailed for two years and three months.

 

Police launch investigation after trespassers enter Harrogate Spring Water

Police have launched an investigation after trespassers broke into Harrogate Spring Water‘s headquarters last night.

A source told the Stray Ferret protesters attempted to enter the building on Harlow Moor Road and “antagonised staff”. They added those responsible wore GoPro cameras and flew a drone over the site.

However, nobody appears to have claimed responsibility for the incident and no footage has emerged.

A North Yorkshire Police spokesman said today:

“North Yorkshire Police were contacted yesterday evening to reports of people trespassing on a business premises on Harlow Moor Road in Harrogate.

“The incident had occurred prior to the report being made and an investigation is now underway.

“Anyone with any information that could assist the investigation should contact North Yorkshire Police by calling 101, select option 1 and ask for the Force Control Room. Please quote reference number 12230099981 when passing information.”


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A spokesperson for Harrogate Spring Water said:

“We cannot comment at this time since the incident is currently being looked into by police.

“We can confirm that no-one was injured during the incident and no damage has been made to the site.”

Harrogate Spring Water said in March it was “reviewing plans” to expand its bottling plant at its headquarters off Harlow Moor Road, in the Pinewoods.

The plans, which would involve felling trees in a public woodland planted by schoolchildren, have proved controversial.

It is not known whether yesterday’s incident was related to this.

 

Public asked to “think” before dialling 999 after increased demand

North Yorkshire Police have asked people to “stop and think” before dialling 999 for non-emergencies after a significant increase in demand over the past two days.

The force said a combination of good weather, the start of half term and an influx in visitors to the county have resulted in a rise in calls to its control room.

The advice is to call 999 for an emergency and for non-emergency matters contact the police  through its website or call 101.

If someone accidentally dials 999, the advice is to stay on the line. In a “pocket dial” situation the force said its 999 operator will pass the call to the control room.  The call handlers will then ring the number back to establish whether it is a genuine emergency.

Superintendent Fiona Willey,  head of customer contact said:

“The staff in our Force Control Room are working extremely hard to deal with the increased demand.

“The sunny weather will inevitably lead to more calls so we’re urging the public to consider if their call is necessary and if it’s a non-urgent matter, could it wait until after the weekend.

“It’s also important that members of the public consider which service they need. There are many agencies out there that can offer help and support.

“If it is a genuine emergency then we are here to help. Our staff are trained to triage every call through a threat, risk and harm assessment which leads to that call being prioritised accordingly.”

Further details on how to contact us can be found here. 

Man wanted in police car tampering investigation in Pateley Bridge

Police have released a CCTV image of a man they want to speak to following “vehicle interference” in Pateley Bridge.

In a statement issued today, North Yorkshire Police said the incident “involved someone removing items from a car who then went on to try and gain access to another car, which proved to be unsuccessful”.

It happened on Old Brewery Road on an unspecified date “earlier this year”.

The statement said:

“Officers are asking members of the public to get in touch if they recognise the person in the image as they believe they will have information that could help the investigation.

“Anyone with any information is asked to email laura.taylor@northyorkshire.police.uk or call North Yorkshire Police on 101, select option 2 and ask for Laura Taylor.

“If you wish to remain anonymous, you can pass information to Crimestoppers on 0800 555 111.”

Quote reference number 12230013852.


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