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THE INDEPENDENT PARK HOMES ADVISORY SERVICE
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0800 612 8938 (Strictly 10am to 5pm Mon-Fri only) |
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Enquiries: info@iphas.co.uk Scotland: info.scotland@iphas.co.uk |
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| Membership: membership@iphas.co.uk | ||
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USEFUL INFORMATION FULL DETAILS |
| PITCH FEE DISPUTES AND THE TRIBUNAL | |
| PARK OWNER CAN ASK THE TRIBUNAL TO RESOLVE A PITCH FEE DISPUTE. BUT WHAT CAN YOU DO IF HE DOES NOT? | |
| If the pitch fee is disputed then the park owner can take the matter to the tribunal, the RPTS, in accordance with implied terms 16 and 17 of the agreement. The application must be submitted within three months of the pitch fee review date. With the 28 days notice of the review, that means the residents have nearly four months in which to discuss and negotiate the pitch fee and, hopefully, reach an agreement with the park owner. Meanwhile residents must continue to pay the last agreed pitch fee in accordance with implied term 17(4)(b). The residents are not in arrears providing they continue to pay the last agreed pitch fee. If residents and park owner cannot reach an agreement, the park owner may apply to the tribunal on form PH9 and ask the tribunal to determine the new pitch fee. But some park owners may not apply to the tribunal but use the tactic of allowing the dispute to drag on in the expectation of some residents being worried about the build up of outstanding payments and eventually capitulating. Also if a resident sells the home or dies while the dispute is ongoing, the seller or beneficiary would have to give in and settle up. As time goes by, the numbers of residents in dispute will gradually reduce which is just what the park owner wants. Therefore the residents may look for ways of bringing the matter to a conclusion. We suggest that you do nothing until after the following pitch fee review. Residents could then tell the park owner in writing that this review is disputed because it is based on the preceding year’s review which is not agreed. Therefore it is another dispute and the park owner should be asked to take the matter to the tribunal. If he refuses, then the residents would want to consider taking action. Residents cannot apply to the tribunal using form PH9 because this is only for the use of the site owner. It could be taken to the tribunal using application form PH3 – determination of any question arising under the Act – but the tribunal may reject the application on the grounds that the park owner should start the action under implied term 17(4). To avoid this possibility, we suggest that the application should be made on form PH3 for determination of a question arising under implied term 16(b) of the Act. (“The appropriate judicial body, on the application of the owner or the occupier, considers it reasonable for the pitch fee to be changed and makes an order determining the amount of the new pitch fee”). |
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