Correspondence with In West Ealing BID

Email to Paul - In West Ealing BID

Dated 22nd August 2022

Dear Paul

Eden Fitness Ltd continue to contest the obligation to pay for the West Ealing BID April 2020, April 2021 and April 2022 on the basis that West Ealing BID have failed to fulfil vital service obligations that we (or any other small business in West Ealing) could reasonably expect to receive. We have complied proof of a complete failure of the scheme and service since the renewal of the West Ealing BID 2019. Our audits include time and date screenshots or any activity on the official West Ealing BID website along with official BID social media pages showing no services.

For disclosure I hereby enclose a snap shot of our audit findings:

Official Website as at (18th August 2022)

www.inwestealing.co.uk

Note copyright (on the website) states West Ealing BID 2022 proving that is have been reviewed in 2022 although zero useful content has been updated.

HOME (screen):

No markets until further notice

No Markets until further notice

We can’t wait to see you there

Latest News and Events: December 2018!

Baseline Services for BID members (screen)

Feasibility study from June 2013 – Nothing else

Downloads – 0

 

1 Tweet for @AWAPrd 1st September 2020

 

NEWS (Screen)

Latest News article 3rd December 2018

EVENTS (Screen)

Absolutely zero events in all categories in all months

 

GALLERIES (Screen)

Latest Gallery 11th Jan 2017

 

FIND A BUSINESS (Screen)

Search Eden – No Photo

Clicked link (without a photo as mentioned) to go through to Eden Fitness Promotion

Monday CLOSED

Tuesday CLOSED

Wednesday CLOSED

Thursday CLOSED

Friday CLOSED

Saturday CLOSED

Sunday CLOSED

Video Link – ERROR!

Official Notice: This is particularly damning as we notified West Ealing BID (info@inwestealing.co.uk) on 21st August 2021 informing that the official West Ealing BID website site is showing us as CLOSED on every day of the week and now on 18th August 2022 a year later it is still saying we are closed.

Partners (Screen)

West Ealing Neighbours – only link working

West Ealing Centre Neighbourhood Forum – Link broken. Check if there is a type in www.wecnf.org

Ealing Council – Link broken www.ealing.gov.uk is currently unable to handle this request.

HTTP Error 500

Sound Bite Festival . org – Link Broken

Aside from the obsolete website I search West Ealing BID twitter which is the only West Ealing BID social media site advertised on the website.

Twitter @inwestealing Last Post 25th August 2020

With a google search I found

FACEBOOK

https:www.facebook.com/inwestealing/

Last Post April 2019

Action required:

1)      Eden Fitness would like immediate cancellation / credit of our contested invoices of April 2022, April 2021 and April 2022 or confirmation that they are cancelled pending investigation

2)      We would also insist that the summons ref: 7660/26062/6 be withdrawn. Should it not be withdrawn we would like it adjourned pending an official statement from a responsible named director of both Ealing Council and West Ealing BID to confirm the legality of that particular summons and proposed venue to decide this case fully considering the following points

A: The doctrine of the separation of powers requires that the principal institutions of states – executive, legislature and judiciary – should be clearly divided in order to safeguard citizens’ liberties and guard against tyranny.

 

B) This case might be specifically conflicting bearing in mind that the plaintiff who appears from the summons to be Ealing Council (who by collecting payments must assume a duty and responsibility to the public that a service has been provided) could also potentially become a defendant in this case (bearing in mind there may be numerous businesses in the West Ealing BID catchment that might consider that they have not received the service that have been charged with for the last 3 years.) This is complicated as the current summons is for an administration “court” using Ealing Council’s own offices using it’s own paid court “magistrate” / administration assistant to decide the case rather than the court of law? This appears a conflict of interest – please correct me if I am wrong.

 

3)We would further request that prior to any court hearing there is a full investigation o=into the matters above including full disclosed or all the West Ealing BID costs and accounts for the last 3 years along with full statements from each responsible Director and BID manager as to why they believe we have an obligation to pay when clearly there is a overwhelming evidence of no service and no evidence that West Ealing BID have fulfilled basic contractual services as seen from our snapshot documented above.

 

I await your response

Charlie Bourne

Email to Paul, Kenneth In West Ealing BID

Dated 22nd September 2022

Dear Paul, Kenneth

 Firstly thank you so much for coming to meet me on the 9th September it was such a pleasure to see you both. I left the meeting highly enthused by the broad opportunities discussed that is available in West Ealing BID to break new ground and deliver an incredibly valuable service to the West Ealing Businesses.

I note that the last few years have been harder and harder for BID to thrive and function and that there may have been many businesses such as ourselves that perceived the BID in it’s current form to be nothing less that a liability and just another self serving taxation burden rather than perceiving and positive benefit overall to the actual businesses it’s supposed to help.

The perception can change however I believe many aspects need to be addressed and change first in order to give confidence back to the businesses. Immediate emphasis on a new dynamic website hub and a weekly social update to highlight Paul as local hero would be my opinion.

 West Ealing BID warden – Paul Roberts local business hero

1)Paul I was blown away with the passion and level of commitment that you have for the small business owners, visiting them, representing them if their English communication isn’t the strongest and championing their views to larger organisations and back to councillors and civil servants.

What was absolutely apparent was that none of this is visible to the wider public nor the wider BIB members as there is not any current social media nor current website platform to showcase the wins and indeed the daily trials.

Showcasing what you do alone would drive community support, enthuse businesses that someone is available from BID to help and also give a platform for other businesses to follow stories of similar interest to their own thus minimising the number of individual visits you must do covering the same issues.

If I have known about the daily activities that you had been doing I would have reached out sooner rather than stopping payment to make a stand.

Some of these stories and issues that you cover will be the same situation for every BID participant and by having a hub that they can view progress and stay in contact will mean that one win can be shared with many.

Free Pest Control and Waste Collection (note for Free at all)

2) I appreciate that many aspects of West Ealing BID provision has suffered due to lack of funds and seemingly perpetuated by the high costs of providing the free waste collection and pest control which then prevents anything else being done well.

Suggestion 1: Review of Waste collection and Pest Control costs with the aim of reducing contract cost and increasing availability. Are you happy to share the data on this. What are the number of businesses taking up these (not free) services, and details of the contracts and costs.

Can we explore if these services could or should be provided other funding other than BID hence freeing up BID money to drive new business for BID members?

Relating back to the dormant website – if this is a service provided onwards then there should be direct links on the website and full information so that BID members can actually view and access direct from website links.

Business Rates

A key question I have is: Exactly what services should be covered by the normal business rates levy – are we able to find out exact breakdowns? Maybe there is funding available already covered in this collection.

Website and Social

This in my opinion must be prioritised front and centre and a thriving hub where businesses in the BID area and residents alike can access up to date and interesting information. Their business pages should invite interaction and host business promotions. The events page should host business events and promotions as well as BID sponsored events.

The site should be a hub where each business can market to the other businesses in the shared area and do an intracompany promotions for shared customers.

There should be a hub where businesses can share issues and use collection bargaining with suppliers to ensure the most favourable rates Electric, gas and water being top of the lists. Real rising costs that will shut businesses for good unless something is done.

Grants and subsidies: What was awful in lockdown is that businesses had to fight to find out what they were entitled to and the process to apply was difficult and seemingly purposefully obscure.

West Ealing BID should be a hub for information where all West Ealing businesses could access information. Rates payers should not have to beg for subsidies = they should be collectively analysed and distributed in according to their entitlement and rates bills.

WE should have a united voice for matters such as this.

United voice

All West Ealing BID businesses should have a united voice back to Ealing Council or other public bodies that are meant to be putting into place policies for the good of the public that they serve.

For example Kingdom representatives that have been terrorising the small businesses – what is happening with them and indeed the question should be asked who instructed them and gave them council authority to terrorise businesses in their full body armour and cameras?

A letter would be sufficient.

There are numerous other subjects that the businesses need a voice to represent them – is West Ealing BID that voice?

Ultimately the dormant website and dormant social are fundamental and if prioritised would give a go to hub and visibility of all the amazing works that BID are doing – with more interaction and more value visible to businesses then this would self perpetuate to more adoption from businesses and a greater willingness to participate and fund BID.

Other information that would be useful:

How many businesses are not paying

Accounts for the last 3 years showing where the money is being spent and could it be better diverted to the website and social following Paul’s local hero activity.

For example banners and Christmas decorations – how much did they cost and should BID have paid for it or should other funds have paid for it allowing BID money to be spent on the website and promotion of businesses and BID itself? Could we have received the banners for Free with the right push to the right requests? Can we tap into grants and subsided that are not currently being accesses? Should the decorations have come from already collected Business Rates and Council Taxes. Could a large business have contributed with sponsorship instead of every small business?

I hope that some of my thoughts are useful insight from a key business in the area that has been completely unsatisfied to the point in stopping payment to make a stand. IF BID can adapt and improve then it was a chance for not only survival but to thrive and be a highly valued support to every BID business.

As the smallest BID we cant just do what other larger BIDS do and hope to survive– we can be better but it might be that we have to do things differently.

You mentioned meeting other board members – I am very happy for you to share this information and that I can attend a meeting – I am willing to host it at Eden.

Please let me know your thoughts.

My very best Charlie

Court Summons

Dated 30th November 2022

You must contact the council to pre-book a timed virtual appearance.

This summons has been issued following complaint made to me, the undersigned, by Ealing Council, 14-16 Uxbridge Road, W5 2HL, that you, being a person liable to a Business Improvement District Levy, have not paid the sum below.

Uxbridge Magistrates’ Court has therefore issued a summons against you to answer this complaint. Due to the court restrictions, you must NOT attend Uxbridge Magistrates Court.

That court will consider the issues of a liability’s order against you at a virtual hearing held at LONDON BOROUGH OF EALING, TOWN HALL, NEW BROADWAY, EALING, LONDON W5 2BY ON Tuesday 17th January 2023 at 14:05 to show cause why you have not paid the sum below.

From 1st April 2020 to 31st March 2023 Amount £1316.10

From 1st April 2021 to 31st March 2022 Amount £1316.10

From 1st April 2022 to 31st March 2023 Amount £1316.10

Amount due £3948.30

Costs: £82.00

Total Payable: £4030.30

Please remember that you should NOT attend court unless you have been specifically asked to do so. You may not be allowed to enter the court of the council premises unless you have proof of such a request. This is a safety precaution for you and other court users.

Challenging a Business Improvement Distract Liability Order

What the court must prove

In order for the court to make a liability order, the council must give evidence that:

  • There is a current Rateable Value for your business property (hereditament).

    • It is not a valid defence to a liability order to say you do not agree with your rateable value

      You can appeal against your rateable value to the Valuation Office www.voa.gov.uk If you are successful you will receive a refund on your payment.

  • The bill and reminder have been posted to the correct address

    • It is not a defence to say that you did not receive it. The council just have to prove that they sent it to the right address, according to their records

  • You have not paid the BID, or part of it.

    • If you have paid the balance, but not the costs, the council can still ask for a liability order and use it to collect the costs

If the magistrates decide that it is likely that these things are true, they must make a liability order.

Defences to a liability order

These are the main reasons why a court may not issue a liability order.

  • the council has not done the things they are supposed to in the top two bullet points above; or

  • you have paid the amount in full, including costs; or

  • you are not liable for the BID as demanded for the hereditament; or

  • insolvency or winding-up proceedings have been initiated against you.