This is an article from Edinburgh News/Scotsman sent to us by K Walker of the BID Concerns Group which shows the ongoing fight for justice going on in Grassmarket just like us in Largs.
http://www.edinburghnews.scotsman.com/news/bailiffs-hit-grassmarket-traders-for-stealth-tax-1-3131047
Thursday 10 October 2013
Wednesday 25 September 2013
Is BID levy legal???
This is a reply to an email received from an Edinburgh businessman who is also fighting/refusing to pay the BID levy. He has now engaged legal advice.
Thank you for your e-mail. I have saved copies as this will also prove helpful for us. We have just sent appeal letters to North Ayrshire Council refusing to pay the levy as it is `improperly charged`.
As the only BID area (no.17) to have managed to lodge an appeal within the 28 days following the BID ballot, we have completed a 10 month battle taking the denial of our calls for a re-ballot finally to the Ombudsman (twice). To no avail, although I received a card with a new reference number yesterday from the S.P S.O., following my final letter to them ( see that letter on my blog www.largsbid.blogspot.co.uk )
Since we have exhausted the appeals process with Scottish Ministers aka Derek MacKay MSP, we decided to use social media to expose BID, and so we have set up BID BEGONE on Facebook. So glad to have linked up with you and with BID FAREWELL, and hope to involve other areas who have also suffered this abuse of democracy. I am angry when media debate about the deterioration of High Street businesses etc never mentions " the elephant in the room" ie BID - what a misnomer this Business Improvement District. We are entitled to democratic debate and a fair, free vote for all. I will not accept that BID is allowed to operate under the radar, and rig ballots to get a "yes" result
Wednesday 18 September 2013
Letter in reply to Katy Clark MP
Since we have been refused a re-ballot by this government, we in Largs have linked up with Edinburgh Grassmarket Bid Concerns Group, who are engaged in a similar battle as Largs for the same reasons. I enclose press articles from them, and also BID Farewell, a group based in the Glencoe, Fort William area, who are battling to prevent the same abuses of democracy happening there in their BID ballot.
We are using social media to link up and get the truth about BID out in the public domain. BID thrives in secrecy, and we are committed to exposing this quango to the public and the media. Politicians will be held to account for foisting this abuse of democracy on already struggling businesses.
Tuesday 17 September 2013
Reply to Ombudsman re final decision
I received your final response to our complaints re the conduct of the
Scottish Government and North Ayrshire Council in regards to Largs BID (
co-incidently ? on 30th August, the same day that the invoices demanding
payment of the BID levy arrived in businesses throughout Largs)
I have therefore been busy organising our appeals against the" improperly charged levy" with the N.A.C.
Decision on complaints against the Scottish Government
Firstly, we are not lawyers au fait with the handling of the legalities of appeals. You say I should have raised Derek Mackay`s failure to respond to my e-mail of 11th November 2012, but we only found out his involvement with BID after the initial appeal to (the vaguely termed) Scottish Ministers after we submitted our initial appeal on 29th November. The fact is that Kenneth Gibson MSP, after consulting with Derek MacKay, informed me on 19th December that he "was adjudicating, and that the BID ballot was unlikely to be overturned"! All subsequent appeal letters from Largs businesses carried a foot-note protesting the conflict of interest that the Minister in charge of promoting BID was adjudicating on our appeal.
Next, I consulted Kenneth Gibson MSP on 15th December 2012 because the next stage of the appeal requiring individuals to state which regulation had been contravened was confusing. A copy of Regulations 11 (1) and (2) had been included, but NOT Regulation11(3) which required complainants to "specify the reasons".
IT IS ABSURD for you to have expected us to read the full Regulations in order to be aware of the requirements.
It is obvious to us that it was deliberately misleading, and, yes, it did put us at a disadvantage.
Also, as Mr Gibson told me to get the next appeal letters in before close of Parliament for the Festive Season, a matter of days, I was unable to get follow up appeals from all the initial 35 complainants of 29th November. This allowed Derek MacKay to fudge the figures, discount all but 14 deprived of a ballot paper in the BID ballot, and finally on Good Friday we received a denial of our appeal on the grounds that this 14 would not have affected the "yes" ballot result !
Decision on complaint against North Ayrshire Council
Next you state that" it was open for businesses to take up their right of appeal" and" raise a complaint if they felt that they should have had a right to vote but did not receive ballot papers" whether the Council`s list had been produced or not".
HOW PATENTLY ABSURD when I was the bearer of bad tidings to so many of the 82 I found before the deadline of 17th May for our submissions to your Office.
They did not know they had been left out of the BID ballot.
Also, your SPSO literature clearly states that you will only consider complaints after the full appeal process has been completed. So, as I repeatedly stated, THEY WERE NOT ONLY DEPRIVED OF BALLOT PAPERS, BUT ALSO THEIR RIGHT OF APPEAL.
Shame on you for upholding this abuse of democracy.
I have therefore been busy organising our appeals against the" improperly charged levy" with the N.A.C.
Decision on complaints against the Scottish Government
Firstly, we are not lawyers au fait with the handling of the legalities of appeals. You say I should have raised Derek Mackay`s failure to respond to my e-mail of 11th November 2012, but we only found out his involvement with BID after the initial appeal to (the vaguely termed) Scottish Ministers after we submitted our initial appeal on 29th November. The fact is that Kenneth Gibson MSP, after consulting with Derek MacKay, informed me on 19th December that he "was adjudicating, and that the BID ballot was unlikely to be overturned"! All subsequent appeal letters from Largs businesses carried a foot-note protesting the conflict of interest that the Minister in charge of promoting BID was adjudicating on our appeal.
Next, I consulted Kenneth Gibson MSP on 15th December 2012 because the next stage of the appeal requiring individuals to state which regulation had been contravened was confusing. A copy of Regulations 11 (1) and (2) had been included, but NOT Regulation11(3) which required complainants to "specify the reasons".
IT IS ABSURD for you to have expected us to read the full Regulations in order to be aware of the requirements.
It is obvious to us that it was deliberately misleading, and, yes, it did put us at a disadvantage.
Also, as Mr Gibson told me to get the next appeal letters in before close of Parliament for the Festive Season, a matter of days, I was unable to get follow up appeals from all the initial 35 complainants of 29th November. This allowed Derek MacKay to fudge the figures, discount all but 14 deprived of a ballot paper in the BID ballot, and finally on Good Friday we received a denial of our appeal on the grounds that this 14 would not have affected the "yes" ballot result !
Decision on complaint against North Ayrshire Council
Next you state that" it was open for businesses to take up their right of appeal" and" raise a complaint if they felt that they should have had a right to vote but did not receive ballot papers" whether the Council`s list had been produced or not".
HOW PATENTLY ABSURD when I was the bearer of bad tidings to so many of the 82 I found before the deadline of 17th May for our submissions to your Office.
They did not know they had been left out of the BID ballot.
Also, your SPSO literature clearly states that you will only consider complaints after the full appeal process has been completed. So, as I repeatedly stated, THEY WERE NOT ONLY DEPRIVED OF BALLOT PAPERS, BUT ALSO THEIR RIGHT OF APPEAL.
Shame on you for upholding this abuse of democracy.
Monday 9 September 2013
Publicity Needed
I have been speaking with business owners in the Living Lochaber area, which is HUGE taking in Fort William etc approx 2500 eligible businesses. Guess what ? They estimate that 1200 know nothing about
BID ! Also they cannot get access to the list of eligible businesses, just like Largs.
At least they are finding out the truth BEFORE THE BALLOT.
I am very angry with the FSB, as I had the interest of a tv journalist, but when he contacted the press office of the FSB, he was told that most BID areas were successful, and undermined our legitimate demand for a re-ballot, giving the impression we were anti-BID protesters who had received the info and ballot papers but had not voted ! Anyway BID had been established in Largs, so, as a result he considers our case historic !
I have raised a complaint with the FSB, and I will apprise my daughter when she returns from her business trip tomorrow. Somehow, I doubt if she will be renewing her FSB subscription. Those of you deprived of a vote in Largs BID should take this up with the FSB if you are members.
The fight goes on.
BID ! Also they cannot get access to the list of eligible businesses, just like Largs.
At least they are finding out the truth BEFORE THE BALLOT.
I am very angry with the FSB, as I had the interest of a tv journalist, but when he contacted the press office of the FSB, he was told that most BID areas were successful, and undermined our legitimate demand for a re-ballot, giving the impression we were anti-BID protesters who had received the info and ballot papers but had not voted ! Anyway BID had been established in Largs, so, as a result he considers our case historic !
I have raised a complaint with the FSB, and I will apprise my daughter when she returns from her business trip tomorrow. Somehow, I doubt if she will be renewing her FSB subscription. Those of you deprived of a vote in Largs BID should take this up with the FSB if you are members.
The fight goes on.
Tuesday 3 September 2013
Battle against BID intensifies
Do you believe in coincidence ? On the same day, Friday 30th August, that the invoices for the BID levy drop through the doors of businesses in Largs (except ours, which went to my daughter`s home address), we also received a further dismissal of our appeal from the Ombudsman`s Office.
DISGRACEFUL !
However, this is not the end. We will not give up. Justice is worth the struggle. Since our elected representatives will do nothing to redress this injustice perpetrated on the business owners of Largs, we are pursuing a different method to get this ballot over-turned.
Meantime, those who did not receive a ballot paper MUST appeal - see the back of the invoice for details of appeal within 28 days. I shall be sending a letter of appeal to the Chief Finance Officer at North Ayrshire Council, and I will make copies available to those who require them.
Did anyone read the Oban Times 29th August ? Unlike our `wee` paper which none of us will buy or place adverts with due to Drew Cochrane`s decision not to print anything detrimental to BID. I am told e-mails to the Largs and Millport News were deleted and letters not printed if they opposed BID. When our protest started we were denigrated and ridiculed in `his` paper. Even our ten month battle for a re-ballot has been ignored.. How lucky are those who get the Oban Times which gives coverage to both sides.
Currently the battle is on for Living Lochaber ! The Oban Times has printed all the complaints which show that what happened here in Largs is a pattern, a BID process to gain a `yes ` result.
Of course I will contact them, so that they can be warned in time to demand a ballot paper.
I went to see Katy Clark,MP on Friday to update her on the disgraceful inaction of MSP`s and the Ombudsman, and to inform her of the anger that BID bills had arrived that day. She now realises this is not just a local problem, and is happening in England too, which must be addressed by Westminster.
Keep checking the blog as more to come shortly.
DISGRACEFUL !
However, this is not the end. We will not give up. Justice is worth the struggle. Since our elected representatives will do nothing to redress this injustice perpetrated on the business owners of Largs, we are pursuing a different method to get this ballot over-turned.
Meantime, those who did not receive a ballot paper MUST appeal - see the back of the invoice for details of appeal within 28 days. I shall be sending a letter of appeal to the Chief Finance Officer at North Ayrshire Council, and I will make copies available to those who require them.
Did anyone read the Oban Times 29th August ? Unlike our `wee` paper which none of us will buy or place adverts with due to Drew Cochrane`s decision not to print anything detrimental to BID. I am told e-mails to the Largs and Millport News were deleted and letters not printed if they opposed BID. When our protest started we were denigrated and ridiculed in `his` paper. Even our ten month battle for a re-ballot has been ignored.. How lucky are those who get the Oban Times which gives coverage to both sides.
Currently the battle is on for Living Lochaber ! The Oban Times has printed all the complaints which show that what happened here in Largs is a pattern, a BID process to gain a `yes ` result.
Of course I will contact them, so that they can be warned in time to demand a ballot paper.
I went to see Katy Clark,MP on Friday to update her on the disgraceful inaction of MSP`s and the Ombudsman, and to inform her of the anger that BID bills had arrived that day. She now realises this is not just a local problem, and is happening in England too, which must be addressed by Westminster.
Keep checking the blog as more to come shortly.
Tuesday 27 August 2013
Meeting with FSB
I refused to accept the decision from the allocated officer at the Office of the Ombudsman, as I believed that it did not address the relevant issues re Largs BID. I am still awaiting the outcome of the subsequent review by the Ombudsman. To date I have only received an apology, on 17th August, for the delay.
Meantime we are meeting next week with representatives of the Federation of Small Businesses, FSB, in response to our complaints of lack of action re the scourge of BID.
WE WILL NOT GIVE UP.
In a supposedly democratic country, we will not accept a `rigged` ballot with 82 known to have been deprived of a ballot paper in order to declare a "yes" result for BID.
I did not expect to be still calling for a re-ballot TEN MONTHS after the event.
WE WILL NOT GIVE UP.
Meantime we are meeting next week with representatives of the Federation of Small Businesses, FSB, in response to our complaints of lack of action re the scourge of BID.
WE WILL NOT GIVE UP.
In a supposedly democratic country, we will not accept a `rigged` ballot with 82 known to have been deprived of a ballot paper in order to declare a "yes" result for BID.
I did not expect to be still calling for a re-ballot TEN MONTHS after the event.
WE WILL NOT GIVE UP.
Subscribe to:
Posts (Atom)