Heading

Case No: LC-2023-759
AN APPEAL AGAINST A DECISION OF THE FIRST-TIER TRIBUNAL (PROPERTY CHAMBER)
FTT REF: CHI/45UC/PHI/2023/0039-0043, CHI/45UC/PHI/2023/0045-0051
19 June 2024
TRIBUNALS, COURTS AND ENFORCEMENT ACT 2007
PARK HOMES – PITCH FEE REVIEW – validity of procedure – whether pitch fee review notice and pitch fee review form have to be different documents - requirements for signature by the site owner – reasons for displacement of the presumption that the pitch fee is to rise in line with the retail prices index – entitlement to receive a pitch fee
BETWEEN:
THE BEACHES MANAGEMENT LTD
Appellant
-and-
(1) MR D AND MRS J FURBEAR
(2) MS D FRAY (3) MRS S FELLOWS
(4) MR B CARTER AND MARS C GREEN-CARTER
(5) MR R SIMON (6) MRS J COX
(7) MR P AND MRS J BROWN
(8) The estate of MRS D ROSE
(9) MR G MAYES-JONES AND MS C MARCH
(10) MR AND MRS EDWARDS
(11) MRS L MARTIN (12) MISS S TIPLER
Respondent
1,2,8,12,14,19,20,21,22,23,24 and 27 Beechfield Park,
Hook Lane, Aldingbourne,
Chichester, West Sussex, PO20 3XX
Upper Tribunal Judge Elizabeth Cooke
13 June 2024
Mr David Sunderland for the appellant
Ms Caroline March for the respondents
© CROWN COPYRIGHT 2024
The following cases are referred to in this decision:
Vyse v Wyldecrest Parks (Management) Limited [2017] UKUT 24 (LC)
Wyldecrest Parks (Management) Limited v Truzzi-Franconi [2023] UKUT 42 (LC)
- Heading
- Introduction
- The legal and factual background
- The pitch fee and the procedure for review
- The Pitch Fee Review Notice
- The Pitch Fee Review Form
- The amount by which the pitch fee can be changed
- The facts relevant to the appeal
- The proceedings in the FTT
- The pitch fee review notice
- The pitch fee review form
- The consequences of invalidity
- The displacement of the RPI presumption
- Conclusions
![[2024] UKUT 180 (LC)](https://backend.juristeca.com/files/emisores/logo_lnJS4Uj.png)