The BID Levy is being collected on behalf of Wirral Chamber of Commerce by Wirral Council. However this contradicts Wirral Council’s own policies and commitments to support not for profits. The small business rates relief ensures the majority of rates are paid by a contribution from the Government and Wirral Council provide a discretionary exemption for qualifying charitable firms which takes care of the rest. However Wirral Chamber of Commerce insist no exemption applies to charities and not for profits, even where they cannot afford to pay. Instead they have insisted on pursuing them through the Magistrates Court in order to obtain a liability order so they can gain access to charitable funds. The use of Magistrates Court is particularly troubling since they are predominantly used for criminal matters and even Wirral Council have admitted this is a civil matter which are usually dealt with in County Court.
Even more troubling is the fact Wirral Council and Wirral Chamber of Commerce are adding £95.00 in court fees before liability has even been established in court, yet cannot provide a full and proper breakdown of how these costs have been arrived at. It is unlawful for any council to make a profit from court fees so one would expect them to be able to say exactly what it costs to take an individual or business to court. Instead however they appear to have been obstructive by providing a spreadsheet which lists the annual costs to run the entire council tax and revenues department. When asked for a per capita breakdown which takes into account economies of scale (i.e. they are taking a lot of people to court for not paying council tax and non-domestic rates on the same day and they batch process them all, plus the BID Levy collection is tagged onto the end of these), they sent the same annual totals for running their entire department. When asked again and told the costs breakdown must be BID specific they refused to send any further information.
An example of these costs would be the cost of filing fees (circa £3.00 per summons) and say an allocation of £2.00 towards staff time and other costs. An explanation therefore of what the remaining £90 costs is for has not been forthcoming. Requests to move things to the County Court, which is the proper setting for civil matters, have been ignored by Council Officers.
Frank Field was contacted for help at least three weeks for the summons date. He responded at 5:00pm the evening before the court appearance to say his office had contacted Phil Davies who in turn had contacted Wirral Chamber of Commerce and they had refused to change their decision, despite his personal feelings and views to the contrary. So the MP for Birkenhead and the leader of Wirral Council are both being dictated to by officers at Wirral Chamber of Commerce.
Clearly this suggests Paula Basnett, Kevin Adderley and Asif Hamid who run Wirral Chamber of Commerce are also in charge of Wirral Council. Worse still is the fact Wirral Chamber have stated they and Birkenhead BID Company (Birkenhead First) are not subject to Freedom of Information legislation so can claim everything they do is commercially sensitive and confidential. No transparency there then.
Even the officers at Wirral Council who are collecting the BID Levy do not seem to agree with the decision to criminalise charitable firms. They contacted Wirral Chamber of Commerce asking them to change their position but they were also told the it would not be changed. The attitude appears to be it is only 1.5% of the rateable value of a property so Wirral Chamber cannot understand what the fuss is about. It seems to have escaped their attention charitable firms, by definition of what they do, may have large properties on peppercorn rents and very little money, most of which is from funding or donations and some modest earned income. Which is why they have taxes reduced or are exempted entirely. But Wirral Chamber of Commerce insists everyone must pay.
The Birkenhead BID Levy purports to be there to help support firms in the Birkenhead BID district but some have argued it is instead a way to pay the high salaries of staff who, until recently had worked for Wirral Council. It claims to be there to listen to and represent business owners in the Birkenhead BID Levy District, however there is no formal complaints procedure and minutes of meetings are confidential. Clearly they are not doing a very good job of listening since they are insisting on dragging charitable firms into Magistrates Court to pay for a Levy which did not exist until recently.
To be fair, Birkenhead has been declining for years and business owners are struggling to stay afloat. But cleaning up Birkenhead is the job of the council.
This is why people pay business rates. The BID appears to be a stealth tax method of increasing business rates without actually increasing the business rates which is the same argument successfully used by Esther McVey when the council attempted to place a levy on wheelie bins and which forced them to hastily back away and reconsider their position.
Wirral Chamber have recently released a wonderful glossy document which makes bold claims about the achievements of the Birkenhead Bid company (also known as Birkenhead First). However the majority of these are things Wirral Council would do anyway as part of their obligations to Business Rates Payers. So it seems the suggestion the BID Levy is supporting the over bloated salaries of former council employees may have some foundation.
Also since this is clearly a civil matter, why is there such a reluctance to transfer proceedings to the County Court? Clearly civil matters fall under contract law and County Court is the proper setting. The costs are similar and certainly can be itemised easier. This suggests a worrying symbiotic relationship between Wirral Council and Wirral Magistrates Court where proceedings are being led by Wirral Council and not the local Magistrates.
The subject of costs and lack of transparency surrounding these certainly raises more questions than answers and this spills over to affect every council tax payer, business rates payer and now BID Levy payer who has ever been summonsed to Magistrates Court and had liability order costs imposed. Whilst clearly Council Tax is a criminal matter, the BID Levy certainly is not and belongs in County Court not the criminal courts.
It has also been suggested the BID Levy and demands for payment would not stand up to scrutiny under contract law. This has never been tested but would certainly be in the public interest. Taking charities and not for profit firms to court in an attempt to access charitable funds is not. It does not matter if the BID Levy is a small token amount. It is still immoral. It is also grossly unfair. For example there is no way to spread the cost monthly, no refund mechanism if firms move out of the area part way through the year, no contract and no control or input on how money is spent. In short it represents an unfair contract under civil law and threats of heavy penalties and costs, bailiffs and similar from Wirral Council are tactics which could be viewed as extortion and threats in public office. Whilst we are not suggesting this is the case, it certainly could be viewed as such. All the more reason for the matter to be placed in its proper setting in the County Court and not the Magistrates Court.
Even more worrying is the notion if Wirral Chamber is not challenged, this could be the first of many BID Levy districts in Wirral and more struggling business owners and charitable firms will find themselves subject to this new stealth tax with no opt out clause, no appeal and no transparency over how their money is spent.