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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 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 CB4B. 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 Cort 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 publicised".
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, less than 830 businesses took part. About 2,500 businesses were billed for the BID, the remaining 1,670, including us, did no receive ballot forms, so were denied a vote.
The result of the faulty ballot was not publicised, so we were oviously 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 publicised, 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 on their own property was not "publicising" under 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 feel as though we have been mugged.
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