Wight BID’s Illegal Appeals
Wight BID (VIOW) promotes an appeal process for levy payers (see here), but in actual fact it’s an abuse of power the CEO thinks he has.
Once a BID is voted in levy appeals based on ones own rules about who pays or not, are not provided for in BID legislation, let alone being decided by the BID company itself. The Council (billing authority) is responsible for collecting BID levy and if a business can prove that it should not be paying the levy, it simply needs to demonstrate that to the council.
If any of the 3 of 4 reasons Wight BID themselves recognise in their pretend appeals process applies to you, you may well have an automatic legal right not to pay the BID anyway:
- “Not categorised correctly under the Valuation Office Agency (VOA) categories and should be categorised within a different category, not included within the BID scope, including steps taken to contact VOA.”
- “No longer trading as a business.” (albeit only applies if no longer on the non-domestic rates list).
- “The business or premises have been sold to new owners.” (so the new owners become liable if they pay the rates).
To make matters worse, Wight BID say they will only consider appeals if received within 45 days from levy bill, again this is a made up rule and not enforceable. A business has to pay the levy or not, it’s black and white, and between the council and levy payer to sort out in whatever timeframe both parties deem fit, nothing to do with the BID company (VIOW).
- “Any of the above reasons will only be considered if they apply to the business at the start of the BID year or within 45 days of issue of the BID demand notice.”
But moving on, the 4th reason VIOW give as a reason for appeal really is ridiculous and illegal:
- “No opportunity to benefit financially from the visitor economy, directly or indirectly.”
Government BID legislation does not allow for a Council or a BID company to make discretionary exemptions beyond the the BID proposal voted on. The class of hereditaments outlined in the BID proposal at time of Ballot are all legally obliged to pay the levy for 5 years if voted in, no question about it.
There are businesses across the UK that do not feel they benefit from their BID, just imagine the ‘can of worms' opened’ if Government legislation allowed Councils at their own discretion to decide who has to pay or not. It’s stupid VIOW and IOW Council even think this type of subjective decision is allowed, let alone saying it is valid for only one year at which time, then a new appeal has to be made.
The VIOW CEO really does think he’s “gods gift” with power over who to charge or not, based on his perception of whether a business benefits from the marketing VIOW provides.
- “The Chief Executive of VIOW will also consider whether the business or organisation has any opportunity to benefit from the marketing activity being carried out through the WIGHTBID proposal during the BID period.”
This illegal appeals rule making is an abuse of power and really is ridiculous, another good reason to vote NO in the upcoming ballot!
