FSB
 FSB Member 
Ron's Eagle, Coventry BID    
© Ron Lebar
    No to the Coventry BID
 Contact John Scott          Coventry Business "Improvement" District, A.K.A. Coventry BID          Contact us 
 
The Council's Letter !

Everyone should have received the letter from Coventry City Council, confirming that they now wish to close down the BID.

They state that nearly 70% of Levy Payers have now paid the 2010 / 2011 Levy. Also that in three weeks they will syart taking non-payers to Court. A lot of us will find this rather familiar, but this time it is different. There is no longer a battle to win, so going to Court will achieve nothing, merely land you with another £95 bill.

The Council want the money to pay off the remaining 'creditors'. It is likely that, once this is done, there will be a surplus, probably enough for a 30% refund of the latest Levy to all Levy Payers. Obviously if the last 30 percent, plus who have not paid, still do not pay, their will be no refund for those who have paid.

This will be manifestly unfair, so the advice of our representatives on the Board, also my advice, is please now pay the 2010 / 2011 Levy. The Council are now co-operating, under their new leadership, so let's get this whole thing over with.

Any hold ups at this stage only increases the danger that something could go wrong. We do not want to snatch defeat out of the jaws of victory.

Further work to resolve the many issues raised by this conflict are for another day.

Once again, WE OWE A VOTE OF THANKS to the eleven elected Board Members ( now reduced to nine ) who spent months unravelling the web of deceit and secrecy woven by all four originators of the BID fiasco. All this time they have been working unpaid, at the expense of their own businesses. Also to the many businesses who fought an unequal battle in Court with the corrupt and ruthless Council system, costing them time and money.
-------- Finally a Victory, the unwanted BID has been defeated ! --------

Our representatives on the BID Board have, after months of hard work, won a victory. At the last minute, one day before a High Court case was to be heard, Coventry City Council, CV-One and the Chamber of Commerce agreed on a settlement.

The Council finally agreed to release 1.3 Million pounds of Levy Payer's money, that they have been illegally keeping after collection. This is money that CV-One and the Chamber of Commerce claim is owed to them, for services NOT rendered. In return they agreed to withdraw legal action attempting to force the BID company into administration. Les Reid, of the Coventry Telegraph, has been supportive of our long running fight. This line links to his article on the pending closure.

The Council still wants us to pay the latest Levy, to pay back a loan, at high interest, illegally taken out by the BID company, approved by the previous non-elected BID Board. They similarly approved, possibly being misled, of many other dodgey dealings, long after their legal term of office was over.

We have always wanted a High Court case, to test the legallity of the whole BID scam. As small businesses, none of us can afford the hundreds of thousands of pounds such an action entails. CV-One and the Chamber of Commerce have millions of pounds of our money to start such a case. In the event, this did us a favour. The Council obviously realised that the whole scheme may not stand up to scrutiny by a Court with real powers. A Court that, unlike lower Courts, is not scared of Councils or Government Departments. So after wasting millions, they gave in.

After this year, over 2,500 businesses will no longer have to pay an average of 1,000 pounds a year for nothing. Now is the time for a public investigation. Into where all those millions of pounds have gone and what can be done to get them back. There are many questions, so far no answers, a culture of secrecy.

The nature of the contracts shold be investigated, why has it been possible to get nothing, with no redress? Have contracts been taken out without any protection of public money against non-performane? Is there any personal culpability amongst Council Officers?

What is Optilan's and BT's position in all this? The Council entered into the Contract with Optilan, as custodians of ratepayer's money, did they insist on the customary penalty clauses for delays or non-delivery? Who is ultimately responsible for those delays and lack of service?

As for the role of CV-One and the Chamber of Commerce. It is obvious they are not on the side of businesses, why then do they exist, should they continue to exist? In a period of austerity, surely it is time to get rid of ALL QUANGOs and other non-accountable wastes of public money?

Many businesses fought an unequal battle in Court with the corrupt and ruthless Council system, costing time and money. The eleven elected Board Members spent months unravelling the web of deceit and secrecy woven by all four originators of this mess. We owe them all a debt of gratitude.
Ballot on ending the BID. Better news, dirty tricks uncovered !

The good news is that the consultation ballot result was an overwhelming call for the BID to be shut down. More than ten to one in favour of ending this hated scam.

we were told that only 200 bothered to cast their vote. That is under eight percent, a pathetic result by any standard.

However, once the Chief Executive finally left (yippee), more replies were found hidden away, bringing the total to over a thousand, almost all in favour of closing the BID. So despite the dirty tricks, there is an overwhelming mandate for our cause.

The Council, CV-One and the Chamber of Commerce have got away with foisting this nonsense on us all for far too long.

Our representatives on the Board are still working to expose and end the fraud. Uncovering more corruption and dodgey dealing by the day. Here are links to three letters written by Board members, Taken from the B4B Web site, with permission. Two are PDFs, the first will be made more readabable soon.

The latest Levy is from the Council, NOT from the new BID Board. There are serious doubts over its legality, the Board's advice is not to pay, until the legal position is finally thrashed out.

The Board's letters are informative, worth reading in full.

Letter 1 Letter 2 (PDF) Letter 3 (PDF)
Court again, worse than ever. Not a "Court of Law", a repugnant parody of a judicial system.

Local businessmen are in Court again, for non-payment of yet another Levy demand. But this time it is different, the demand has been found to contravene the very Regulations it was issued under. Crucial BID account information, that the Regulations state MUST be included, was not sent with the demands.

Despite this being pointed out by one victim, despite it being admitted earlier by the Council, this was not taken into account. The Council's solicitor claimed, under oath, that the 2 sheet demand included this information, waving a sheet of paper he said had a signature to this effect. This was clearly false, the missing data, when finally obtained, took both sides of a third sheet. The two Magistrates, in manifestly belligerent mood, chose to believe him, why let mere facts get in the way of a foregone verdict?

How can the outmoded post of Magistrate* deserve respect after scenes like this?

This Court was organised very differently to that for the previous two BID Levy Demands. Only one victim at a time in the 'dock'. No-one but them was allowed to speak in their defence and nothing they said was taken into account. More like the 16th century inquisition than ever before. One of us was ejected from the Court, threatened with the cells, for protesting at the conspicuous absence of any semblance of justice.

It is obvious that the Court has been put under pressure, by the Council, to get results and stifle all opposition. Due to profligate dissipation of reserves, the Council is in financial trouble and can't afford to let this source of unearned income be delayed. Perverting our country's legal system in this utterly shameless way cannot be allowed to continue unchallenged.

This link shows Regulation 15, the particular part that has been contravened by the Council.

Paragraph 3, sub-paragraph (2) clearly states that the information in (a), (b), (c), and (d) MUST be sent with the demand, otherwise the demand is invalid. Paragraph 4 (1) states that the amount is still payable if a demand is invalid, provided that the omission was a 'mistake'. Therefore if the omission was deliberate, the amount is not payable. Sub-paragraph (2) states that once such a mistake is discovered, the Council (billing authority) SHALL send the missing information as soon as practicable. This they have NOT done.

It is obvious that a Court summons, issued for non-payment of an invalid demand, must itself be invalid. The sum concerned only becomes payable, after the usual statutory time limits, once the mistake has been rectified and the demand validated. Everyone should check the demand they have received. If like ours the BID account information is missing, then the demand is invalid, but unfortunately still payable. I can't advise anyone not to pay, given the total absence of any justice from our "judicial" system.

Final Demands for latest Levy bill !

Despite a new Board, with an anti-BID mandate, being elected, the Council have gone ahead with sending out Court summonses for the latest Levy bill. This is the bill that caused such uproar, as CBfB had the cheek to claim costs had been "frozen", due to non-delivery of services. No business should have the right to issue bills, frozen or otherwise, for goods & services they can't deliver.

A Moratorium on all bills had been asked for, due to the circumstances. The Council has 'jumped the gun', not waiting for the new Board to get going. Proof, if any were needed, that they are part of the problem, not part of the solution. Come the next Council elections, hopefully this suspiciously elected regime will get the push. They are going all the way, taking businesses to Court again. In my opinion still hoping to hide the huge sums of residents' and businesses' money defalcated in this disaster.

Millions of Pounds of Council Tax Payer's, Rate Payer's and Levy Payer's money have been sunk into this unwanted scam. No wonder the accounts have illegally been kept secret for so long, have the instigators been feathering their nests? It seems obvious to me that this was always their intent, 2 years of secret dealing, to ensure that we could never get our money back. Plus defaulting on their own business plan, which obliged them to hold Board elections by March 2008 ! Thus gaining an extra 17 months to irrecoverably stash away the loot.

Those millions (yes millions) of our money were supposed to pay for the "FREE" broadband and "FREE" Cameras, which most of us do not have. Who actually now has the money and on what was it really spent?

I will keep you all informed of further developments, as soon as news comes in. Why this BID is different !

Scaremongering over 'Business Rates Supplement'

A story has been circulated, that if the BID is wound up, we will be saddled with a 5 percent 'Business Rates Supplement'. It has been further claimed that the 'BID' is only 1.5 percent of rates, so we will all be worse off. This is an attempt to distort the figures, to cause a "pro BID" panic, in every respect It is utterly wrong. For a start, the maximum Supplement allowed is two percent.

If a 2% Supplementary Rate is introduced will we be worse off? The short answer is an emphatic NO, we will be better off without the BID. Just analyse the real figures. Remember rateable value is subject to the Rates multiplier, to determine Rates to pay. This multiplier for 08-09 is 46.2 pence in the pound for a larger business, 45.8 for less than £15,000 rateable value. £5,000 rateble value or less also qualifies for a 50 percent Rates reduction. This extra discount reduces pro-rata, to zero at £10,000.

Take four businesses with rateable values of £100,000, £10,000, £5,000 and £1,200. Compare the BID at 1.5 percent of rateable value plus £208 (roughly) with a 2 percent Rates Supplement. For small firms, 1.5% is 3.28% of actual rates or 6.55% with the full 50% discount.

Rateable value Rates due BID Levy 2% Supplement
100,000 46,200 1,708 924
10,000 4,580 358 Zero
5,000 1,145 283 Zero
1,200 275 226 Zero

Rounded to whole Pounds. All businesses will be better of with a 2% Supplementary Rate, instead of the BID, especially smaller firms. The standard Business Rate is NOT used, in any way, to benefit businesses. Conversely, the rules for a Business Rates Supplement are: That it must be introduced only after 'consultation' with businesses, whatever that means, no ballot. That it must be used for 'new' services, for businesses. 'Sounds' a lot better than the BID.
Even better news for small businesses, with rateable value less than £50,000. They are exempt from a Supplementary Rate.

First 'new' Board meeting on the 15th.

O.K. so the new Members have had their first BID Board meeting, with the four unelected members, one original pro-BID re-elected Member and of course the BID's Chief Executive. At this meeting they would be 'finding their feet'. Probably being told by the other five that everything is a 'fait accompli', that all contracts are signed and sealed.

They are now entitled to every bit of information regarding CBfB, its finances, contracts and dealings. Including the payroll, staff pension schemes etc. Once they have obtained and analysed that data they will have a better idea of the way forward. Hopefully an anti-BID Group meeting will then be called, but they must stand their ground, they were elected with a clear mandate to scrap the BID. The 2,036 firms that did not bother to take part in the election do not count in any decisions made. They abandoned the right to have a say in the outcome.

The City Council and Chamber of Commerce should foot the bill for any losses. They stitched us all up in the first place, by imposing the iniquitous "BID" after a dodgy ballot. A Council regime that curiously gained control, only months before the BID "Ballot". After an election notable for dodgy dealing in at least one ward (Foleshill, 2006). One culprit convicted of election fraud, yet the result allowed to stand, why ?

The BID is a pseudo legal scam, a job creation scheme for people who otherwise would have no purpose. I believe the Chamber of Commerce is also a waste of our money. The Council's organisation is massively over-staffed at the administrative level, with too many officers, departments and expensive buildings etc.

This top heavy, inefficient and expensive bureaucracy needs draconian surgery. It is not only individual people who are obese nowadays, even salaries are inflated. e.g. how can a small city 'pen-pusher' be worth almost the salary of the Prime Minister? At the same time the real workers have had wage cuts imposed, despite the annual 'well above inflation' Council Tax and Rates rises.

Short notes > >
3rd World Ballot
CV One Court procedure £92 "Expenses" Council Tax & Rates Inquisition
More notes > >
The Truth at last
News Fraudsters Charter Legal quote 2004 BID Regulations
Longer notes > >
Mugged in Court Start of it all The Numbers Coventry BID Notes BID claims Big Brother Action Contact us
Talkjack's view Bully Britain Telegraph Ethics of Business Improvement Districts
Good News ! CBfB Board Election results.

Warmest congratulations to the eleven new Members on the "Coventry Best for Business" Board. Now we have a majority who can fight for the rights and welfare of Coventry's business community. Let's hope they do just that.

This is the latest round of a long running battle, that has cost us a lot of time and money. Only one place, out of twelve, went to a former Board member. Who allegedly could not lose, due to the way the ballot was set up. No reason for sour grapes though.

Results:

Total possible votes were 2,589.
Total actual votes cast were 549, a turnout of 21.2%
Five votes were unfortunately invalid

List of 12 winners, in alphabetical order.

Ken Armstrong
Chris Barrett
Jane Brunsden
Jo Duffy
Doctor Colin Fink
Doug Forbes
Brian Hecks
James Jordan
Frank Mills *
John Scott
Keith Skinner
Richard Yarnal

* Pro BID, re-elected.

A disappointing turnout, it's the way of the world, many always let others make decisions and do their work for them. But hey, we won.

Regards, Ron Lebar.

Wind up, or reform the BID ?

Now the BID Board has a majority of our supporters, what will happen next? We must hope that the new members all stay on course, a consensus of the eleven is needed to make a difference. The opportunity has now arrived.

My very much preferred choice of windin up the "BID" and a total refund may throw up problems. CBfB and the Coventry City Council have squandered a lot of our money. Exactly how much seems to be a well kept secret, what are they hiding? To refund money that has been frittered away, it has to come from somewhere. Morally it should come from those who have spent it, but they will claim they have done nothing wrong. So the poor old Ratepayers (us) will be expected to foot the bill, again.

This should not be used as an argument against the closure of an unwanted, unpopular and pointless waste of money. The Council's iniquitous "costs" charges are easy. They had no costs, their people attending Court were their (our) employees, on a wage paid by us, so the money should still be in their bank. However it is sorted out, it will be good for the gravy train to finally stop.

We all owe a vote of thanks to Dina and John Scott. Together with all the others, who worked hard and spent their money to bring this election result about. Also thanks to all who took part in the ballot, they have given the new Board a clear mandate to close the BID.

Special thanks are due to the Coventry Telegraph, for their support and to BBC, Coventry and Warwickshire.

Regards, Ron Lebar.

Further thoughts on possible reform. Definitely not what is wanted.

The BID Board is now democratically elected, with a mandate to make the best possible choices for us all. Which is winding up the BID and CBfB. If it is decided despite this, ( I hope not, ) that the BID should continue in some form, I have some suggestions.

Firstly: Many businesses, us included, have refused to pay the latest BID levy. This bill should be cancelled and the full amount refunded to any who have paid.

Secondly: If it must continue, the one and a half percent of rateable value should be changed to a percentage of actual rates paid (I suggest 1%). This is fairer to smaller businesses, as it will allow for the fifty percent reduction that many of us, with smaller premises, are entitled to. The two hundred pounds flat amount should be deleted, as it also hits small businesses harder.

CBfB's CEO may say that the "five year plan" can't be completed with less money. I would say that two years almost are up and for most of us that plan has not even started. Scrap the cameras, scrap the expensive and insecure "free" broadband. Scrap the so-called security patrols that don't come to most of us. Scrap the "Business Champions", a childish name for people who do not do anything useful.

Why the Coventry BID is different.

Business Improvement Districts have been adopted in several countries, since their origin in America. Many have been sucessful, even in this country some seem to work, with no obvious contention.

Yet the City Wide Business Improvement District (BID) in Coventry is contentious, disliked and clearly not working. Its very existence is harmful to businesses, since its inception some have closed, jobs have been lost. There must be a reason, a little history is relevant.

In May 2006 Coventry Council Elections took place, one third of seats were contested, resulting in the Conservatives taking control. Foleshill Ward is a fairly deprived area, not likely to choose a Conservative, yet that is what happened. A relative of a sucessful candidate finished up in Court. Found guilty of using the identities of two people who were not in the country, election fraud. The candidate won by only six votes, yet the result was allowed to stand ! Presumably greater fraud was difficult to prove.

Less than a year later another ballot was held, this time to choose whether or not to start a City Wide Business Improvement District (BID). The result was a yes vote, by a narrow margin, only 833 took part, out of over 2,500 businesses liable to pay. Most of the rest did not know the ballot had taken place or even that it had been planned. Only 18% of the potential electorate were in favour, as 2,500 odd is about a third of businesses in the 'geographic area' (Coventry), only about 6% of total businesses voted yes.

Not a good basis for success. All around the country we hear of BIDs being planned, with high profile campaigns and very public consultation. Yet the Coventry BID was planned in apparent secrecy, between Coventry Council, the Chamber of Commerce and CV One (the City Centre BID company). Most of us only heard about it when we received the Levy bill, nearly a year later, too late to do anything about it.

Even the BID Board was appointed, no elections took place. It took until two years and four months after the original "ballot" for the Company set up by the three instigators to agree to hold elections to their Board. That is where we are now, the problem for the new Board is that the non-elected one had two years to set up contracts etc. and forge alliances. Even now much they have done is a matter of secrecy.

The original act of Parliament, the statute that made BIDs possible, is deeply flawed. Its provisions are simply not suitable for implementation in a democratic society. Yet even its unsatisfactory rules have been largely circumvented by this BID. No genuine consultation took place, the plans were tucked away on a Web site, unlikely to be read.

The postal ballot was not properly organised or supervised. The Post Office admitted that far more ballot forms could not be delivered than the small majority in favour. The flawed result was not made public in any genuine sense, a piece of paper on a Council House notice board and a mention hidden away on a Council Web site.

It was never going to be possible to make this semi-secretive shambles work. As I see it, three publicly funded organisations set up a 'front' company, with one man, presumably well paid, to 'take the flack' and divert attention. If it costs a lot to get out of contracts, made while they played for time, they should pay, not us.

So other BIDs are in the full glare of publicity, with everyone who has a stake involved. Conversely this one seems to have been planned and set up in smoke filled rooms. Shades of Afghanistan, Iran and Zimbabwe.

Reform the "BID" Group, Letter

Dear BID Levy Payer,

You have the opportunity to vote in an entire New Board for the BID Company. As you know the present Board was elected by only 18% of the companies entitled to vote - a lot of us did not even see our voting papers!

The incompetence of the present Board is shown by their failure to deliver on their two main commitments:
• Wi-Fi Broadband - Entire coverage involving 84 installations promised by July 08. So far only 18 delivered
• CCTV - 300 cameras promised for installation by July 08. So far less than 30 installed

These figures were supplied verbally by the BID Company. They refused to reply in writing to repeated requests for information.

It is a shameful record of managerial failure. However, whilst they have failed to deliver the services they promised us, they certainly know how to spend our money:

• CV ONE (including Godiva Festival): Average £400.000 a year totaling over £2m.

• Business Champions: average annual cost £475.000 – totaling £4.75m!

• Security Controls: £400.000 a year equaling £2m in all.

These figures are taken from the BID Company's 5 Year Plan http://www.coventryb4b.co.uk/index.php/Bid-Policy-Documents/View-category.html

Unless measures are taken to control expenditure and re-order priorities the present Board will fritter away £12million by the end of 2012. We cannot afford to let this happen.

Our plan to avoid this happening is as follows:
1) Elect a New Board. (This part has now been achieved, 4-9-9.)
2) The new Board will Hold an Alteration Ballot
3) This Ballot allows for changes to the amounts, purposes and timing of expenditure by the BID company
4) The Alteration Ballot will be decided by BID levy payers
5) The New Board will consult with Levy payers on the changes necessary to bring the BID Company's expenditure and priorities under control.

It is clear that the key first step is to elect a New Board with this mandate.

Because of how the STV (single alternative vote) works and the other variables introduced by the BID Company it is believed that only by voting for all 12 candidates can we maximize our representation on the New Board.

You will find our candidates on the attached sheet. Your vote is totally democratic and your choice, however we believe to achieve the best spread of representation on the board to help deliver our agenda, that the Ballot form is completed in line of preference with the attached recommendation.

This communication is sent on behalf of the 12 candidates and a specimen ballot paper attached. We look forward to your support.

If you want to support us or need further information please contact us either via email at: john@johnscottprecision.co.uk Or by phone: 02476 610300 fax: 02476 617233

Finally, the Truth, (Copyright: Coventry Best for Business).

During the run up to his Small Claims Court case against Coventry Best for Business, a local business owner received several documents from their barrister. These included the various points of the company's defence, sent too late to be fully studied.

A precis of these points:

The BID is set up under a Statute, membership of it and payment of the BID Levy are compulsory.

The BID company (Coventry Best for Business) is under no obligation to provide anything to BID Levy payers, there is no contract.
The company can not be prosecuted for not providing services or materials as the relationship is statutory, not contractual.

By analogy: It is not possible to sue a Council for non-delivery of services, there is no contractual basis for such an action.
Likewise it is not possible to sue the Government for non delivery of services etc. or default on its election promises.

So there we have it. The (private) BID company is immune to court action for taking money under false pretences. (Fraud?)
Like the Council and the Government it seems to be above the law. This requires legal confirmation or rebuttal ! Exact legal quote.

This site is a service for all adversely affected by the Coventry City Wide BID. To increase its visibility, please provide a link to it.
This is your site, please use it and contribute to its content if you wish.
Help !   We tried to add a Forum.
If you have experience with forums, help or advice will be much appreciated.

Useful text contributions or suggestions are welcome. We will provide free links to advertise local businesses, please contact us.
Please contact Dina or me & ask others to do likewise. There is strength in numbers, apathy will let CB4B win.

Finally, the Truth (2), Exact quote of defence 23-25, (Copyright: Coventry Best for Business).

" 23. By analogy, there is no contractual relationship between a council taxpayer and his or her local council. A council taxpayer cannot claim against his or her council for breach of contract if s/he is dissatisfied with the services being provided by the council. Nor could a taxpayer bring such an action against Central Government for failure to provide (adequate) services.

Conclusion

24. In the circumstances, the pleaded claim must fail.

25. The Claimant's statement of case (I) discloses no reasonable grounds for bringing the claim; and/or (ii) is an abuse of the Court's process. Alternatively, summary judgment should be awarded against the Claimant. His claim is bound to fail at trial, even if (giving him the benefit of the doubt for the purposes of these proceedings, 'No . . . services have been supplied' by the Defendant. " - End of quote.

The above is CB4B's defence barrister's exact printed words. So the essence of the BID company's defence, is the assertion that they can not be sued for not providing the services they promised, when setting up their company. Promises that are a core part of their business plan. Because, like a Council or Government they are apparently beyond the reach of common law. Despite being only a (Private) Limited Company, like many of us, yet they have been given the power to misuse the law, to coerce us into compliance.

The Government is of course democratically elected, so we do, in theory at least, have some redress if they do not do their job. The same applies to Coventry Council. Coventry Best for Business is currently run by a non-elected board, headed by a career bureaucrat. So there is no democratic or other accountability.

To challenge this situation requires a higher Court, one not under the thumb of the Council or Government. Magistrates' Courts are completely subservient, County Courts have now been found to lack any will to take on the Authorities. Going higher is unfortunately very costly, as the perpetrators of this scandal are well aware. They have millions of our money to fight us with.

A Fraudster's Charter ?

The above section suggests that the 2004 BID Regulations constitute an ideal 'Fraudsters' Charter'. A statute that enables a company to be set up, then obtain a guaranteed income of millions of pounds for five years, without needing to provide anything in return. All they need to do is get a friendly local council to support them.

If this is the case, we are all obviously in the wrong business. I have studied the Regulations carefully, as obviously has CB4B's Barrister. To my surprise he is probably right, I can not see ANY provision for ensuring that BID victims get any goods or services.

Plenty of 'legalese' about enforcement, liability and the like. The charging side of a BID is pretty well sewn up, it has to be paid, EVEN IF THE VICTIM IS DEAD ! Read through it if you don't believe me.

I have never seen a worse written and nastier piece of legislation. It certainly does not fit in with the British way of life, whatever happened to the 'Land of the Free', faie play and all that ? The current Government has produced more legislation in 12 years than existed before they came to power, much of it dreadful, but this must be their crowning glory.

If anyone else, with better legal knowledge than me, wishes to study these Regulations, there is a link at the top and here.   See if CB4B's Barrister and I are wrong. It would be nice if we had some redress.

Ethics of Business Improvement Districts.
Anyone who knows me well also knows that promotion of a higher level of ethics in our society is a long term interest.
I feel that most of man's greatest achievements have come about through co-operation, rather than competition or conflict.

The ideals behind the development of Business Improvement Districts (BIDs) seem ethical superficially. Businesses working together,
in partnership with Local Authorities, to improve their environment and promote a sustainable future for all.

Reality shows up serious flaws with this cosy picture. In the actual implemation of a BID, human nature intervenes.
Local Authorities are not, with few exceptions, either well meaning or sympathetically disposed towards businesses and their interests.
Most see them merely as a 'cash cow', to be milked as much as legally permissible, a view most also hold of Council Tax payers.

From their point of view, National Non Domestic Rates (NNDR) present a problem, it is a tax they must collect, but can not set.
NNDR is set by Central Government and is 'capped' to the Retail Price Index (RPI), It all goes into a National 'pot' and is allocated to Councils centrally.
They have no say in the amount collected and must bid, against all other councils, for a fair proportion of the proceeds.

Levy payers meeting, 7th of April. News from Dina & John.

The meeting, for all levy payers, called by Dina and John Scott, had a good turnout, possibly around a hundred.
It was held at Wyken Working Mens Club, Ansty Road, Coventry CV2 3FL

Councillor Ed Ruane reported on an earlier meeting, between Geoffrey Robinson, The Chamber, CV1, Steve Welch
& Frank Mills from the Bid Company. This meeting was not productive, with the Chamber of Commerce 'sitting on their hands'
when it came to putting pressure on the BID. There now seems less chance of any real support from the Chamber.

Our meeting was told by a former BID director, that Board elections must take place this year. The current board was not elected,
but appointed by the BID company. It was decided that we will contest all of the Board's seats open to levy payers, 12 positions.

The legal position is being looked into, with a view to forcing an Extra-ordinary General Meeting (EGM),
as Coventry Best for Business have avoided all calls for an Annual General Meeting (AGM).

Seatss on the BID Board will enable us to exert influence on Coventry Best for Business.
At present they arrogantly ignore all calls for accountability and for any kind of redress for BID victims.

Anyone wishing to be nominated as a Board candidate please let us know.

Re-ballot or not, did the first battle go our way?

On Wednesday 18th of March, the Coventry & Warwickshire Chamber of Commerce (CWCC) published their decision,
to call for a new ballot, to decide on the Coventry BID's continued direction. Coventry Telegraph, page 5.

They may now have gone back on that decision after realising the financial implications for them. What they are now proposing
may not be a genuine ballot, see 'Alteration Ballot' below.

If despite our misgivings it is a genuine re-ballot, then it must be done properly, not like the Zimbabwe elections.

Use your vote !

Many people have taken on the BID, fighting them and the Council in Court. Others have lobbied CWCC, resulting in this decision.
We must not let these people down. As Dina Scott says, apathy is our enemy, not the BID.

2,500 voters should mean 2,500 votes received & counted. It's your future too, do you really want the CB4B crew to control it?

Alteration Ballot.

We have heard that Coventry Best for Business may try to get out of holding a proper re-ballot by going for an Alteration Ballot.

This needs to be watched carefully and treated with extreme suspicion. It may just be an attempt at 'moving the goal posts'.
The services promised in their business plan can be altered, to fit in with what they have actually provided, which is very little.

A cleverly worded ballot form may give us just two choices. A "Yes" vote meaning no real services, for the same levy as now
or a "No" vote meaning things stay as they are, no real services, for the same levy as now.

It may even initially be a ballot only for the Board members.

This is almost certainly what they are hoping, Coventry Best for Business are fighting for their survival,
They will want to salvage their sinecure* at the expense of us all.
CWCC will want to keep their "Business Champions" employed plus the rent for the BID's offices.

* Sinecure: A salaried position that involves very little work or responsibility

A call for discounts.

CWCC have also called for discounts, for those who still do not get services from the BID.

This is not enough, there should be a FULL refund, including Council's "expenses" charges.

Have You been mugged?

Many businesses have now probably paid the BID levy to the Council, under protest. Others have probably paid after receiving a summons, to avoid any chance of their credit reputation being compromised.

Yet others, like us, have gone to Court, to "show cause" why the bill should not be paid. If you are one of these, you will have discovered it is not a 'real' court, but a travesty of legal process. It is not there to find the truth and make judgement. It is simply a 'front', a means of 'rubber stamping' this iniquitous and illegal tax, sullying the good name of British justice.

Our experience, was yours similar? The summons said 1:30 PM, we four business owners arrived early, checking the notice board to find which Court, but there was no list. We found that the "hearing" was on level 5, there was a table with some ladies and forms. Some time after giving our names and reasons for disputing the bill we realised they had nothing to do with the Court. Nearby was a man, listening in. We assumed, from his dress, that he was a court official.

They were Council staff, trying to persuade us to pay, trying to refuse us entry to the Court. When we demanded to see the Magistrates, they directed us to another floor. It was 4:PM before a Court became available, obviously a place had not been booked for us, they assumed we would give in.

Once in the Court, the fun started. The man listening in earlier turned out to be the Council's solicitor. I asked the tribunal of Magistrates, is it legal for the 'prosecution' to set out a table outside the cortrooms, then try to persuade us to give in, without going into court? After a discussion wirh the Court Clerk, we were told 'it is customary'. We were not informed as to the legality of this practice. In a criminal court, if anyone similarly intercepted the defendants, interviewing them with the prosecution lawer listening, the case would be dismissed on the spot.

We gave some of the reasons why we should not pay the levy. We were told that the fact that no services had been delivered was between us, the Council and Coventry Best for Business. Not a matter for the Court, they were there only to make liability orders. This reminds me of the terms of reference of the Spanish Inquisition, (explanation at the end).

The Council's solicitor handed a piece of paper to the Court Clerk, he read it out to us. Only six possible "defences" were allowed. Four of these were nonsense, something like "it is not my bill" or "I have already paid" etc. The other two were "the ballot was not correctly carried out" and "the ballot result was not published".

Obviously I pointed out that these two were our case, under their restricted terms, for challenging the bill. No proper ballot, under the 2004 regulations, had taken place, only 833 businesses took part. About 2,500 businesses were billed for the Coventry BID, the balance of 1,667, including us, did no receive ballot forms, so were denied a vote.

The result of the faulty ballot was not published, so we were obviously not in a position to challenge it, within the regulation 28 days. The Council's solicitor said the ballot was properly carried out, obviously not true, but his statement, despite all evidence to the contrary, satisfied the Court. He further stated that an appeal was lodged shortly after the so-called ballot, but was rejected by the Secretary of State.

He also said the result was published, I asked 'how'. He said "a notice was put up in the Council House, one in the Central Library and one on the Council's Web site". I pointed out that putting up notices only within Council property was not "publishing", by any defintion of the word. This got the Magistrate's attention and they retired to discuss it.

They returned to say our position had been rejected and we have now received liability orders. We all felt as though we had been mugged.

Today, the 20th of February 2009, a number of businesses were in Court again. The result was the same, although, as the media were present, they allowed some leeway and a lot of discussion without resorting to 'comtempt of Court' threats. The Clerk of Court did answer some questions, a small improvement over the last time.

Magistrates Court procedure.

When handling Rates cases, Magistrates Courts are bound by regulations from central government. These regulations prevent Magistates from making decisions based on common law or the merits of a particular case. In effect they are forced to function within a similar framework to the medieval religious courts of the Inquisition.

One of these Regulations says: "If the court is satisfied that the bill is payable and has not been paid, a liability order SHALL be made." To the original sum shall be added costs claimed by the Council. A liability order enables the Council to use hired private bailiffs, closure orders and other means of extortion.

Council Bailiffs are private firms of 'heavies', in business for just that purpose. They are generally threatening, using 'bully boy' tactics, especially when victims are alone and/or female. They bear no relationship to County Court Bailiffs, who are trained professionals, usually showing courtesy and a willingness to help or offer advice in cases of hardship.

Magistrates claim that they are not able to decide whether or not a bill is justified. They can not decide on the merits of a case, so the fact that services charged for are not delivered is outside their terms of reference. They are merely a 'rubber stamping' facility for councils, not a true Court of law.

Council "Expenses" Charge.

The matter of the £92 Council "Expenses" charge was raised in Court, I asked that this should be cancelled, as the Council's case was morally indefensible. The Council refused, claiming that this charge is to cover the expenses involved in sending Council officers to Court to prosecute victims or take their money.

This is NOT TRUE ! All Council officers, including their solicitor, are on a wage. Paid by us citizens out of Coucil Tax and Business Rates. There is no cost to the Council in asking officers to walk the short distance from the Council House to the Court, during their normal (short) working hours. No need for an afternoon out on expenses, the two buildings are in sight of one another.

The Magistrates refused to cancel the charge, they said it would not be fair to those who had already paid it. But it would have been simple to have re-imbursed those victims. It was very obvious that the Magistrates knew they were enforcing a completely indefensible charge but, like Pontious Pilate, they washed their hands of it. The Court Clerk then said they were retiring and they quickly escaped from the Courtroom.

Where do all the hundreds or thousands of £92 "expenses" charges go? Do they fund a Christmas booze up for officers and councillors or are they siphoned off for other unspecified purposes?

Years ago I stood for election and became a Councillor, which took up 16 years of my life. One of many things that pushed me into to doing this was just such an expenses scam. A battle I won convincingly, and many more, can this one be won? It won't be won unless we fight to its conclusion, using all tools available to us. Hopefully this site can be one of those tools.

As for Council officers in general. Our experience in completely re-organising an entire Council showed that it ran much better without most of them. As did the National Health Service before it became eighty percent managers. Costs were much lower, the system far more efficient, when workers heavily outnumbered pen-pushers instead of vice versa. As for our local Councillors, who claim to represent us, where are they when we need their support outside of election times?

We will certainly all be better off without the office desk jockeys of the BID.

Definition of work: Using physical or mental effort. To make or do something useful.

When it started.

Businesses in Coventry, us included, received an unwelcome surprise in January 2008. Out of the blue an 'Invoice' from Coventry Council's Business Rates Department for yet more money. With a "warning" on the back, in the confrontational, threatening terms characteristic of 'modern' local government.

The sum concerned was 159 days worth of an expected annual payment to fund a private company "Coventry Best for Business" A.K.A. CBfB or CB4B. Despite their rather childish name, this company claims to be just what we all need. A means of promoting business in Coventry and improving the city's image.

They claim to do this by providing us with security cameras plus broadband and driving around in yellow cars. That is the gist of the company flyer included with the demand.

The problem is that most of us did not ask this company to muscle in on our territory and provide us with "protection". Most of us that need them already have cameras and broadband. Coventry Best for Business' "offering" is not up to current industry standards and still does not exist.

Many, probably most, companies were not meaningfully consulted by "Coventry Best for Business", we certainly did not vote for them. Despite government rules concerning Business Improvement Districts (BIDs), no real ballot was carried out.

The rules are that to start a 'BID', over 50% by number and over 50% by rateable value of businesses must be in favour. According to the Council's own figures, 33.6% of businesses voted and 54% of those were in favour.

That is under 18% of businesses in favour of a 'Coventry BID', a long way short of a majority. There is no evidence that those businesses were consulted and informed of costs involved before being asked to decide. In reality the real percentage of Coventry businesses in favour is less than 6%. Around two thirds of Coventry businesses were not included in the so-called ballot. So the Council & Coventry Best for Business are presumably not aware of their existence or consider them irrelevant.

If you are affected by this issue, please let me know by E-Mail. I can then let everyone know of developments and help co-ordinate a response. There are still legal remedies that can be explored. Fragmented effort is unlikely to be as effective as a joint campaign, there is strength in numbers.

Our E-Mail address for this issue is: info@coventrybid.com or info@alphaentek.com.

If you are a member of The Federation of Small Businesses (FSB), they are on our side and will welcome a letter or E-Mail etc. It is also worth contacting your M.P., Robert Ainsworth, Geoffrey Robinson or Jim Cunningham. They are here to represent us and agree that the Council has behaved badly on this issue. More letters or E-Mails to them will strengthen their hand. Mr. Robinson has raised the matter at length, in Parliament and on TV.

Regards, Ron Lebar. Alpha Entek.

P.S. Other businesses are tackling this problem in their own way. Some have taken Legal Counsel's advice on this matter. I am NOT trying to take credit for their work and expenditure.

My intention is to help everyone, including ourselves, by encouraging all concerned to get together and combat this problem. Also by providing this Web site as a means to an end. Fragmented effort is never as good as a co-ordinated approach.

The claimed intent of the Coventry BID is to make our City a better place to do business.
To encourage more enterprises to set up here.

The best way our City Council can help businesses and tempt more to come here is to reduce the Business rate. Also clean the public streets around our business estates. Not demand a substantial increase in costs. We get little for the money demanded as it is. Those of us on private industrial estates or business parks get even less. In our street alone, at least two companies have been forced to close by the Coventry BID charge.

The Council does not collect our rubbish, unless we pay them an additional premium to do so. They do not provide business waste recycling facilities. Private contractors provide far better service and value.

They do not clean our private streets, quite the opposite. Rubbish from the infrequently swept public streets blows in, messing up our estates & causing us additional clean up costs.

Police, paid for out of the rates, do not patrol business estates, they are not keen to even respond to alarms. Making the conditions for them doing so ever more onerous and impractical.

The Fire Brigade is possibly the only genuinely essential service paid for out of non-residential rates.

Who benefits from the Coventry City wide 'BID'? The Council obviously do, it gives them the right to extort more money from us and more power over us, more chances to use their hired thugs, sorry bailiffs. CB4B are of course the main beneficiary, it seems they have 2.5 million a year of our money to play with, to lease yellow cars to run around in.

I do not think this issue is worth putting anyone else's livelihood at risk for. Simply refusing to pay will not make the issue go away, it needs to be fought, using every legal tactic available to us. Unfortunately I discovered that European Human Rights legislation may not be included in our potential armoury, although we too have rights.

As the BID levy is collected by the Local Tax department of the Council it is seen as a tax. The E.U. will not interfere in a Sovereign State's tax affairs, so the defective legislation is clever, possibly accidentally, in this respect. I am not necessarily against the idea, in principle, of some form of Business Improvement Districts (BIDs). It is an idea, imported from America, that has 'supposedly' worked elsewhere. What is wrong with the British model is its compulsory nature, together with the use of Business Rates Departments for enforcement. These parts should be retrospectively written out of legislation.

What we are especially against is the way this particular BID has been foisted on us. Without genuine consultation, without any prior notice of costs involved and without taking our views into consideration. Without asking us if we want it and are willing to pay for it.

If such a scheme is to be acceptable it must fulfill the 'job description' and formula set out by government. This one does not fit the criteria, in my opinion Coventry Best for Business does not inspire confidence. They should put their house in order and go back to the 'drawing board'. We should ask ourselves a question, if we need broadband for business purposes, would we want it from a company with their demonstrated level of competence in this area?

Society has always been replete with opportunists looking for a gravy train to board. For me to change my opinion of them, Coventry Best for Business need to convince me, and everyone else, that they really do want to consult with us. Not just send out slick glossy advertising that will go straight into the nearest bin.

Finally (for the moment): If despite this experience, a Coventry BID is finally agreed by a genuine majority, bills should be courteous & directly from the company concerned. Not from the innately nasty Rates Department, with their excessive undemocratic power and crude bully boy tactics.

The issue of whether council bailiffs should continue to exist, in this 'enlightened' century, is an issue to be resolved in another place, at another time.

Big Brother !

Another point that has not been raised eleswhere: The Government has, for some time, allowed or encouraged local authorities to intercept private and business E-Mails. One reason given is that old favourite of the surveillance society, "National Security". ISPs put commercial and customer's interests first. So they do not usually co-operate with such interception unless obliged to by a court order.

Such court orders are frequently applied for and often granted. A Web search will uncover some of the councils involved. The motive may be to allegedly combat rates fraud, find fly-tippers and other perceived "transgressions". Such authorities set themselves up as judge and jury. An insidious errosion of civil rights, by non-elected petty officials with their own agenda, at public expense. News Link

Some time ago, use of satellite images was proposed by the deputy Prime Minister, for councils to look into gardens. To see if any "unauthorised" sheds, solariums, conservatories, extensions etc. had been built, so more money can be estorted from citizens. Big Brother is here, gaining strength every day. So after building an extension, paint its roof with camouflage colours or pray for more cloudy weather. News Link

It is obvious why the City Council wish to supply broadband to businesses, in reality simply a radio link to their corporate optical fibre Wide Area Network (WAN). This network is under construction, not due to be finished until 2009 & will probably take a year or more longer than that. It will cost at least 10 million pounds, paid for by Business Rates payers, Council Tax payers and Coventry BID levy victims.

The corporate WAN will connect Coucil buildings, schools & surveilance camers across the City. They will be able to read all E-Mails, passing through their Web server, without a court order. Thus dramatically lowering the bar on individual security and privacy. One may think, given the quantity of mail concerned, that sufficient manpower will not be available, not a problem.

Readily available software, courtesy of the surveillance industry, can indiscriminately traul through vast numbers of messages quickly. Searching for chosen key words or phrases, down-loading the message whenever a match is found. The best of such software is expensive, but councils have millions of pounds of ratepayers money to spend. Much business communication is sensitive, security is essential to competitiveness, profitability and survival. (Echelon link)

Grossly Exaggerated Broadband Speed

Big 'B's or little 'b's

The speed of the broadband service from the Coventry BID seems also grossly exaggerated, in their glossy bulletin and full page newspaper advertisements.

They claim a speed of 8MB per second, check for yourself, if you still have their flyer. Our optical fibre broadband, the fastest public service currently available, is correctly claimed by Virgin Media to be up to 50 Mb per second for downloads.

This may not seem significant to those not familiar with computer jargon, nevertheless it means a great deal. MB versus Mb in digital parlace, a capital 'B' is short for 'Byte', an 8 bit number that can have any value from zero to 255. A lower case 'b' is short for bit, the smallest unit in binary arithmetic, this can have a value of zero or one.

So in binary arithmetic a 'B' has 128 times the range of values of a 'b'. 8 MB per second is equal to 80 Mb per second, including serial data formatting bits. No current public land line service can yet achieve this speed, certainly no wireless link can manage it, even less so with cameras sharing the bandwidth.

If the small print is read, the proposed, currently 'pie in the sky', download speed is really only "up to 6 Mb/sec" for downloads, slower than BT's up to 8 Mb/sec for downloads.

A Petition.

Coventry M.P. Geoffrey Robinson organised a petition against the B.I.D. It called for the ballot to be re-taken fairly and for all work on the BID to stop until this took place

As the faulty ballot took place two years ago, this course of action is no longer viable. We now need to concentrate, as Mr. Robinson has said, on getting rid of Coventry Best for Business' Chief Executive and holding an interim re-ballot.

My E-Mail address for this issue is: info@coventrybid.com

Regards, Ron Lebar. Alpha Entek.

Action against the Coventry BID.

We are taking various steps to facilitate a resolution of this problem. Helping to spread the word of Geoffrey Robinson's early petition and this professionally protected Web site are a couple. On behalf of our estate, we have also claimed a refund of the first instalment of the BID levy, which covers the period from 25-10-2007 to 31-3-2008. CB4B has rejected all such approaches, presumably feeling themselves invulnerable.

As a member I have promoted our case with the Federation of Small Businesses (FSB. They originally held a 'neutral' position, as a few of their members may conceivably have been in favour of a BID. In response the local Regional Organiser has applied pressure.

As a result, the FSB has come out solidly against the principle of Business Improvement Districts and has issued a press release to that effect. They feel, as we do that it is unfair for businesses to be forced to pay for 'services' that are not being delivered. They are calling for the Coventry BID scheme to be wound up, which of course is what we want.

So now the country's most effective lobbying organisation organisation for SMEs has taken up our cause. They are also researching the local BID's setup, against the National BID guidelines. In particular the point I made frequently, as has Mr. Robinson M.P., that a majority of businesses are not included, yet are in the same 'geographic area'. Also that the flat rate portion of the charge is unfair to companies on smaller sites.

Another factor that needs to be addressed is that 1.5 percent of rateable value, with a ceiling of £25,000 is a heavy imposition on companies with large sites. At least one is succeeding against the odds, actually exporting vehicle components in a fiercely competitive market, dominated by countries with low labour costs. The only way to do this is to cut profit margins 'to the bone'. An extra five figure tax burden may be enough to force them out of Coventry, or even out of this country.

SO WHAT NOW?

It seems that a good way forward is for individual businesses to make a 'Small Claims Court' claim against CB4B for breach of contract. In my opinion their claim to provide us with services is legally a contract, in writing, re-inforced by their forcing us to pay. The fact that most of us do not want or need those services has no effect on the definite nature of this contract. As they are obviously not competent to provide such services, they have broken the contract that they imposed.

Coventry Best for Business are using a London legal firm to represent them in Court, not even local Coventry lawyers. This firm has replied to the Court action with an amazing claim that, we can't win an action for 'breach of contract', because we "DO NOT HAVE A CONTRACT" with Coventry Best for Business. They quote a 2003 statute in support of this.

So in effect their legal team is claiming that, despite taking our money by force, Coventry Best for Business has no obligation to provide us with anything in return. Because they have not given us a contract !!

Despite their arrogance they are apparently sending a barrister from London, rather 'overkill for a case we "can't win". Barristers are highly paid and usually speak to cases in higher Courts. There has to be a reason why they are doing this, are they simply trying to frighten us out of proceeding?

Link to "Supply of Goods and Services Act 1982, Facts Sheet". Check out paragraphs 6 & 8 in 'Key Facts'.
As I understand common British law, taking money for a promise to supply goods or services forms an implicit contract.
Link to Wikipedia article on Common Contract Law. Check out the 4th & 7th lines.

British Common Law is established by our Courts, based on judicial opinions and precedents, not by Government. Any statute enacted must comply with the Law. A statute can be repealed, but as far as I am aware no British Government can repeal common law. This is part of the framework of our democracy, based originally on Christian values, and fairness. It is regularly updated to reflect modern thinking whilst retaining those basic principles. Even the current Government, with its emphasis on new statutes, has left established law largely intact.

Link to a site covering British Contract Law. "A Contract is an exchange of promises between two or more parties, that is enforceable in a Court of Law. Contract law is based on the Latin 'pacta sunt servanda' which translates literally as 'agreements are to be kept'. Breach of contract is recognised by the Law, which provides specific remedies." Click here and scroll some way down, to 'Readings' for a more complete version of this principle.

The suggestion, by their lawyers, that Coventry Best for Business can use a statute to take our money by force and not supply promised services in return is in direct contravention of the principle of 'pacta sunt servanda'.

At a meeting, called by Geofrey Robinson, with the FSB plus several business representatives, he proposed a variant on the Small Claims Court approach, a joint Court case against 'Coventry Best for Business' for 'breach of contract'. This is an approach I had considered, which will require a higher level Court, involving a greater cost, which can be shared between all those willing to take part. Such 'class actions' have been successful in the recent past, a 'fighting fund' can be set up to cover the costs involved.

I would suggest that if we take this approach, we need an organisation. Formed to support all Coventry businesses with an interest in this matter, all being equal members. Such an organisation may have a continuing purpose beyond this one issue. The Federation of Small Businesses, the number one business support group, has said that it is against the principle of Business Improvement Districts. So we are grateful for their very welcome support.

BBC Radio, Coventry and Warwickshire broadcast a series of morning interviews, on the subject of the Coventry BID, on Wednesday the 11th of February. Liz Kershaw spoke to a number of business representatives, myself included. Afterwards she interviewed CB4B's Chief Executive, in my opinion he did not come over well, especially when answering questions.

For example, when asked what services had been provided he replied that they were being "rolled out". One definition of 'roll', found on the Web, is 'commit a robbery by force', similar to 'mugging', so perhaps this is appropriate.

Answers seemed to me somewhat 'vague' regarding how much of our money had been spent and on what. I did understand him to say that their staff was the equivalent of four full time posts with a projected BID income of £2.5 million per year, yes two and a half million. With 2,500 businesses, that averages at £1,000 each. So if what I heard is true, that is what CB4B is costing us every year, for four full time posts and no useful services.

Regards, Ron Lebar. Alpha Entek.

Refund Claim # 001.

To:
Finance and Legal Services
Local Taxation Division
Council House
Coventry. CV1 5RR

We the listed member businesses of the Estate Business Association hereby claim a refund of the Business Improvement District Rates levy for the period from 25-10-2007 to 31-03-2008 (159 days).

The claimed refund for each business is calculated as follows:
(£200.00 plus 1.5 percent of Rateable Value) X 159/366.

The grounds for this claim are as follows:

That the services invoiced for have not been provided for the period concerned, specifically:

(1) Surveilance cameras have not been installed and no survey has been carried out regarding such provision.

(2) Broadband has not been made available and in fact the specified broadband service does not currently exist.

(3) Routine patrols of the estate by CB4B vehicles have not been carried out. Security tapes from the Estate's private surveilance camera system show no evidence that such vehicles came to the estate during the period.

(4) No other services have been proffered or supplied.

Please refund the claimed amounts to the relevant Business rates accounts, forthwith.

Signed: ...

Copy to Coventry Best for Business.

Coventry Business "Improvement" District, A.K.A. Coventry BID

Coventry Best for Business' May newsletter: The Board of Directors decided to delay issuing levy invoices for the 2008 – 2009 financial year, because 'not all the services' were in place.

This delay was initially for 3 months until July. The said 'services' are still not in place and the invoices were eventually issued in November. Still no service though.

So why were the disputed January invoice issued, as the 'services' were most definitely not in place then? Why were businesses taken to Court for not paying for those non-existent services? Why were the second year's invoices issued, again followed by prosecutions, when the services still do not exist, and won't for probably another year, if ever? Why is this obviously incompetent company still supported by the Council, who take a lot of our money and claim to support and protect US?

Assuming it was to raise money to tide them over until they got going, as stated in Court, by the Council's Solicitor. The 2004 Regulations specifically state that the Council must satisfy themselves that the company chosen has the necessary financial resources, to provide the services claimed for the BID. Have they done this, it certainly does not look like it?

The Council is custodian of public money, responsible for ensuring its safety and proper use. No private company can justify charging its potential customers, willing or otherwise, for a product it has not yet produced and does not have the resouces to produce. It is their responsibilty alone to have or obtain the required funding to set up their business.

In the same newsletter and other documents "Coventry Best for Business" state that the Council's optical WAN (Wide Area Network) is a joint venture. Part funded by the BID company. The WAN is a Council project, connecting their various premises , offices, schools, libraries etc.

It does not have anything to do with businesses, apart from those contracted to do the work. This use of BID money, to subsidise the Council's project, is mis-appropriation of our funds. Using money taken from one third of Coventry's businesses to bolster the general Council Tax fund.

The proposed, currently non-existent, broadband is merely a radio (wireless) link into the proposed WAN

Similar mis-appropriation occurred with the Godiva Festival. Diverting something like £150,000 from the BID fund to help pay for established entertainment that has nothing to do with business or its promotion. The Council has clearly broken the law on this, the BID Regulations state categorically that money must only be used for new services and NOT to supplement the Rates fund.

Cameras: The BID surveilance camera system can not be commisioned until the wireless broadband is in place. This in turn can not be implemented until the Council's WAN is completed. According to Council literature, this is schduled for the end of this year, 2009. So the cameras can not come before then. The BID company have admitted that even this timescale is unlikely to be achieved.

Broadband: The proposed "free" wireless broadband is specified as being "wires only", no security will be provided. A radio link is by its nature open to all, if security codes are not included. So anyone with a portable computer, perhaps in a parked car, will be able to intercept business communications and use the broadband themselves. So even if it existed, Coventry Best for Businesses' broadband is not fit for its intended purpose.

Those of us who use wireless links to our networks know that encryption is needed within the link, to prevent eavesdropping and taking over of the network. This is not provided here, it may be claimed that businesses can protect themselves by encrypting their uplink, not so. This will simply result in encrypted E-Mails, data etc. being sent over the network. Unreadable by anyone without the same software and key.

It is obviously not practical for every business to ensure that every-one they send E-Mails to has the same encryption software and key that they are using. We live in the real world, not the fictional one of James Bond.

In addition, the proposed broadband will be connected to the Council's LAN. So Coucil officers will be able to intercept business communications. Our government is on record as being strongly in favour of this, for "national security" reasons.

Most councils resort to court orders to gain access to private or business E-Mails. This Council will not need court orders. Most council interceptions are not conducted for 'national security' reasons. It is simple spying, to try to catch fly-tippers and combat perceived rates fraud etc. Paranoia rules.

A Free Ride: In the explanatory literature for the BID the principle of 'fairness' is covered. No business, within the geographic area of a BID, should benefit from the advantages of the BID, without paying for those advantages. Succinctly put as 'no-one should get a free ride at others expense'.

So all must pay for the BID, whether they voted for or against it. The democratic principle of fairness, the rule of majority.

Very high minded, but: The companies chosen to be in the BID are not in a defined geographic area. They are in 84 business estates scattered around Coventry. The total of businesses in the 'geographic area' we call Coventry totals some 7,900.

Assume, by some miracle, Coventry does become "the place to do business" as mentioned in the BID's literature. All of these businesses will benefit from any improvement in trade and the business environment.

But only 2,500, mostly smal, businesses will be paying for it. The majority will be getting a "free ride", paid for by those least able to shoulder the burden.

Is this the democratic principle at work?

The Inquisition.

During the Roman Catholic Inquisition, the terms of reference for a 'Religious Court' hearing were strangely familiar.

When a poor unfortunate was denounced, usually out of jealous spite, the die was cast. They were brought before the Court, to confess their guilt. They would be told, "you can not have defence witnesses and you can not defend yourself. You are guilty and we are here only to pronounce judgement".

"If you confess, we will be merciful and will kill you quickly. If you refuse you will be tortured until you do confess. Then you will be killed, painfully."

At a liability hearing, the victim is told "we are not here to decide if you are guilty of non payment" you are guilty or you would not be here. We are only here to confirm a Liability Order. If you pay now, bailiffs will not be sent, otherwise they will."

Magistrates Courts were established in the days of robber barons, the people who became the Aristocracy, to give these powerful men an air of legitimacy. In situations like this they betray those origins, Councils and QUANGOs have replaced the old robber barons.

Magistrates are chosen from the ranks of ordinary people, are often well meaning, usually voluntary and generally do a good job. They may even have sympathy with the victims, as it seemed in our case. However they are, as in days of old, subservient to their masters and must toe the line. If they just once dispenced real justice, setting a precedent, the floodgates would be opened. The Council would have to give all BID estate businesses their money back., bringing the gravy train to a grinding halt

The only way out now is to refer this to a higher Court, as the lead Magistrate hinted during his summation. This avenue will be explored shortly, like you all, we have to fit in with earning a living. It is heartbreaking to be forced to give hard earned income to legalised scroungers, who have given nothing useful in return.

Ron Lebar.

Business "Improvement" District, numbers. Taken from Coventry City Council data.

Number of businesses on B.I.D. polling list: 2,500 approx.

Percentage responding to ballot, i.e. those actually balloted: 33.6 percent.

Percentage of those responding, in favour: 54 percent.

Results breakdown.

Percentage of list total in favour: 18.14 percent.

Number of businesses in Coventry: 7,900 approx.

Percentage of total businesses in favour: 5.74 percent.

Percentage of total businesses not voting in favour: 94.26 percent.

Number of businesses balloted: 840.

Number of businesses in favour: 450

Out of 7,900 total and 2,500 on ballot list.

Later Numbers.

The Post Office has stated that 7 percent of ballot forms were returned undelivered. Did they use temporary postmen who do not know the industrial estates?

Seven percent of 2,500 is 175 votes lost, the BID got in by only sixty votes. I'll bet this statistic was not given to the Secretary of State when he rejected an early appeal against the ballot result.

Note:

Our figures are rounded to two decimal places, calculated from the Council's approximate data, all they seem to have.

It is significant that the businesses chosen by Coventry Best for Business are mainly on industrial estates. Is this to maximise the percentage of small businesses and 'one man bands'?

Small businesses are perceived as having less financial clout and thus as being easy targets. The use of the Business Rates Department, to collect their bills, is obviously because of the archaic and undemocratic powers this department has.

Compiled by Ron Lebar.

We need a campaign to take away the powers, handed by government to QUANGOs, Councils and certain private groups. This is for another place.

A Ballot.

A "ballot" is held, on a scheme to make money at people's expense, without allowing most of those eligible to take part.

The result is "published" by putting up notices, only in the ballot holder's own property.

After an appeal against the result, a "public enquiry" is held, without inviting the public concerned to take part. The appeal is rejected.

When people object, payment is enforced, through a low level court, allowing no effective means of defence.

Victims are threatened, "pay up or get a visit from our hired private enforcers, who will steal your property".

Sounds like a certain southern part of Africa or a Third World 'banana republic'.

Welcome to 21st Century Britain !!

Ron Lebar.

CV One, the City Centre.

We have heard frequently that the City Centre BID was an unqualified success and fully supported. We were told that the City Council and CV One (the company behind both BIDs) knew better than us just how good a BID is. At least fas far as the retail sector is concerned. This seemed to be re-inforced by the centre BID being voted in, for a second five year term, by an "overwhelming majority".

Now the Coventry Telegraph has uncovered some of the truth. Only 254 votes were cast, out of 672 potential voters, 224 were in favour, one third of the total. Many of the rest now face visits from bailiffs, hardly an overwhelming success story. More a case of big stores, who can afford the BID levy, agreeing to the bullying of smaller rivals.

So the City Centre BID is fragmented, with those not in favour threatened, with theft of property by bailiffs and closure actions.

This is how the City Council "promotes" business in Coventry !!

Now we know one reason for many empty units in the City Centre. Including one shop that had survived since 1890 !!

Ron Lebar.

Council Tax & Business Rates.

The Council have passed a 3.8 percent increase in Council Tax & Business Rates have increased substantially this year. At the same time they are making massive cuts in services, especially for the most needy. These are always an easy target, along with local libraries etc., for the right wing.

They claim that the recession is to blame. What a load of what the Americans call 'hogwash'. The credit crunch and the recession have forced down prices. Many companies are forced to offer deals, in order to sell their goods and services. It is now possible to save a lot of money, on a wide range of such materials and services.

The Council has a duty to make the best use of the money they extort, sorry 'demand', from us. It is their responsibility to spend our money wisely, to the best effect. To take advantage of prevailing conditions, to get the best possible deal for Coventry's citizens.

If the current Council can't do this, they are not fit for purpose !!

If they can't balance the books when costs are now lower, this can only be due to profligate spending of our money, since taking control.

Recent news of a multi thousand million pound re-development of the City Centre is most inappropriate during a recession. It seems like a deal to make a lot of money for developers, at the expense of local tax-payers, rate-payers and small traders. What is needed is a scheme to fill the empty units, not one to demolish a perfectly good shopping centre and start again.

The Centre has suffered years of mess and disruption from the incomplete makeover already started. Now they are going to wreck it all again, to build expensive white elephants that will, in all probability, one day be demolished in turn, to avoid empty property rates. It will obviously benefit a few large construction firms, but not our historic City. They will complete the job the Luftwaffe started in 1940.

Ron Lebar.

Regulation 15, abstract.
IMPOSITION, ADMINISTRATION, COLLECTION, RECOVERY AND APPLICATION OF THE BID LEVY.
(Paragraphs 3 and 4) See sub-paragraph (2) in Paragraph 3.

Content of demand notices
     3.  - (1) A demand notice shall contain the following matters - 

    (a) a statement of the address and description of each hereditament to which the notice relates;

    (b) a statement explaining how the BID levy is calculated for each hereditament to which the notice relates; and

    (c) a statement of the days (if any) on which, for the purposes of calculating the payments required to be made under the notice, it was understood that the person who is liable for the BID levy in respect of the hereditament fell within the description in the BID arrangements of persons who are to be liable for the BID levy for the chargeable period in question.

    (2) A billing authority must when it serves a demand notice supply to the person to whom the notice is served the following information - 

    (a) the revenue from the BID levy the billing authority was due to receive in the previous year;

    (b) the amount spent on the BID arrangements in the previous year;

    (c) a description of the matters on which it was spent; and

    (d) a description of the matters on which it is intended to spend the revenue from the BID levy in the financial year.

Invalid notices
     4.  - (1) Where - 

    (a) a demand notice is invalid because it does not comply with paragraph 3;

    (b) the failure so to comply was due to a mistake; and

    (c) the amounts required to be paid under the notice were demanded in accordance with paragraph 3(1),

the requirement to pay those amounts shall apply as if the notice were valid.

    (2) Where a requirement to pay an amount under an invalid notice subsists by virtue of sub-paragraph (1), the billing authority shall as soon as practicable after the mistake is discovered issue to the person who is liable for the BID levy concerned a statement of the matters which were not contained in the notice and which should have been so contained.

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© Ron Lebar, Author. Edited on the 26th of April 2010. Loaded: