The reply from them.......
Thank you for your email. You are right, the Common Toad Bufo bufo (also known as the European Toad) is protected under Schedule 5 of the Wildlife and Countryside Act 1981, in respect of section 9 (5).
This section forbids its (a) sale or (b) advertisement for sale.
According to section 9 (6) of the act, “In any proceedings for an offence under subsection (1), (2) or 5 (a), the animal in question shall be presumed to have been a wild animal unless the contrary is shown.”
Thus the responsibility lies with the reptile shop to show that it is not a wild animal for it to be sold legally.
I would advise you to get in touch with your relevant country conservation agency (Natural England, Countryside Council for Wales, Scottish Natural Heritage, or Northern Ireland Environment Agency, depending on your location) to follow this matter up.
Best regards,
Anna Robinson
Biodiversity Information Officer
So now I need to contact Natural England!
This is the next email....
Hello, I emailed JNCC regarding this matter and they reccommended I get in touch with you.
I have seen a Common toad for sale in my local reptile shop, they have it labelled as an 'European toad', but as this is the same species I understand this is illegal.
What is the next step? Is there anything that can be done?
I look forward to hearing back from you
And so the tale continues!