In England and Wales, there is a strict legal process for residential pitch fee reviews.
What is a pitch fee review?
A pitch fee is a charge payable to the site owner by a park homeowner for the use of the site. A pitch fee review enables the park owner to propose changing the pitch fee once a year.
How to do a pitch fee review
The review must be started by a notice, usually one page, and the relevant eight-page Government form. However, we have come across some common errors that can be made during the pitch fee review process and can make the review invalid.
- Not using the correct form, or using a form ‘substantially to the like effect’.
- Using the wrong inflation figure.
- Using the wrong review date.
- Miscalculating the date of service, meaning that insufficient notice is given.
- Serving only the form and forgetting the separate notice.
In these circumstances, it may be possible to explain the situation to the homeowners and serve a second review. However, more complex problems can arise when:
- Some homeowners have accepted the invalid review and started to pay the revised pitch fee.
- The error is less serious and may not invalidate the review, meaning way forward may not be clear.
- The error is not discovered for some time. For example, in a recent case the error was only spotted by a judge after a tribunal application had been made about a disputed review. The tribunal decided that the review was not valid and dismissed the application.
What should I do if I have made an error with a pitch fee review?
In some minor circumstances, it may be possible to explain the situation to the homeowners and serve a second review, however we recommend that if you find yourself in a complex circumstance you should seek legal advice.
Find out more
If you are a park operator and have any questions regarding pitch fee reviews, contact our specialist parks team by telephone on 01392 207 020 or email parks@tozers.co.uk
