[2024] UKUT 180 (LC)

I take the facts from the decision of the FTT. The pitch fee review date in the agreements under which the respondents occupy their pitches is said to be 1 November. A pitch fee review notice and pitch fee review form, combined in a single document and dated 5 December 2022, were sent by the appellant to all the respondents, stating that a new pitch fee would take effect from 5 January 2023. The relevant provisions are therefore paragraph 17, sub-paragraph (6) and following because it was by then too late to change the pitch fee on the review date (a previous notice and form changing the fee with effect from the review date was withdrawn). The proposed change in the fee was only the increase in line with the retail prices index as described in paragraph 20 of Schedule 1, Chapter 2.

As I said, the pitch fee review notice and the pitch fee review form were combined in a single document. It was headed “Pitch Fee Review Notice”; below the heading it said “Accompanying this notice is a Pitch Fee Review Form. Please see below”. There followed immediately the prescribed form as set out in the regulations (paragraph 17 above).

Box 6 of the form was as follows:

The respondents did not agree the new pitch fee and so the appellant made an application to the FTT under paragraph 17(8) in respect of each respondent.