The panel members were Mr Richard Hair PPNAEA (Honoured) (member panellist acting as the Chairperson for the Tribunal); Ms Katie Roughley MARLA (Honoured) (member panellist); and Mr Clive Wood (lay panellist).
The presenting Case Officer for Propertymark was Mr Ali Haider. Mr Mark Towell attended the Hearing. Mr Salvator Verardi, the complainant, attended the Hearing, accompanied by his wife, Mrs Edyta Verardi, and his daughter, Ms Elena Verardi.
Allegations
The Tribunal considered the allegations set out in the case summary sent to Mr Mark Towell.
It was alleged that Mr Mark Towell had acted in contravention of the requirements of the following Propertymark Conduct and Membership Rules.
- Conduct Rule 13: General duty to uphold high standards of ethical and professional behaviour
- Conduct Rule 23: Continuing Professional Development (CPD)
Decisions
Mr Mark Towell entered a plea denying the alleged breach of Rule 13 but accepted the alleged breach of Rule 23.
After consideration of the evidence presented and submissions by the parties, the Tribunal announced the following findings:
- Conduct Rule 13: Proven
- Conduct Rule 23: Admitted
Sanctions
After considering a plea in mitigation the Tribunal announced the following sanctions
- Conduct Rule 13: £1000
- Conduct Rule 23: £200
In addition, the costs of this Hearing of £587.00 were imposed against Mr Mark Towell in favour of Propertymark.
Closing Statement
The Tribunal made the following statement:
'The Tribunal would firstly like to say to all four of you, thank you so much for your attendance today that has helped the proceedings and make the whole process work so much better, so thank you. Unfortunately, there is no evidence that the proof of ID was handled without error.
This resulted in an unfair outcome for an unconnected member of the public. We believe an early resolution to this complaint should have been possible. We do however note a great deal of good practice within our member’s business but have identified knowledge gaps which would benefit from training.'
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