Deciding the pitch fee at a tribunal

If you and the site owner cannot agree on a new pitch fee following a pitch fee review, either of you can apply to a tribunal to settle the dispute by deciding what the fee should be. You’ll need to apply to the First-tier Tribunal (Property Chamber) in England, or the Residential Property Tribunal in Wales.

In most cases it’s the site owner who applies, because they cannot force you to pay an increased pitch fee.

You might decide to apply yourself if you think the pitch fee should be decreased, for example if the site’s condition or services have got worse.

The tribunal process is similar whether you or the site owner applies. In either case you’ll get an opportunity to explain why you disagree with the proposed pitch fee.

You or the site owner can only apply to the tribunal after a pitch fee review.

Applications can be made:

• if the review is on time – after 28 days from the review date, and no later than 3 months after the review date
• if the review is late – after 56 days from when you receive written notice of the proposed pitch fee, and no more than 4 months after you receive written notice

The tribunal can consider a late application if there are good reasons for the delay.

If the site owner applies to the tribunal, you’ll be treated as one of the parties in the tribunal case. You can give your views and attend the hearing, if there is one.

The site owner should give you a copy of their application. Once the tribunal has checked the application, they will also send you a copy.

You will not have to pay a fee.

You can apply by completing a form. You’ll need to pay a fee of £23 in England (there is no fee in Wales). You may be able to get help with fees if you’re on a low income.

• For England – use Form PH9
• For Wales – use Form MH15

You’ll need to include:

• your details, the site owner’s details, and details of the site
• information about your pitch fee and pitch agreement
• information about any changes since the last review date, such as any deterioration in the condition of the site, amenities or services
• a copy of the pitch fee review notice
• a copy of your pitch agreement

Send the form and documents to the email address shown for your area. If you cannot use email then you can send it by post to the relevant regional tribunal address.

If the site owner wants to increase the pitch fee for several park homes or for all the homes on the site, the tribunal might group cases together to save time. But you’ll still need to be involved as an individual.

It can be helpful to work with other residents to agree how you will respond to an application from the site owner. For example, you could discuss the case with your residents’ association, and one person might agree to speak at the hearing on behalf of others.

You can also work with other residents to apply to the tribunal. If you apply jointly you’ll still need to pay the fee of £23 (in England) for each park home.

Tribunal staff will check the application and send an acknowledgement. They will send a copy to the other party (you or the site owner), and anyone else who is likely to be affected.

A set of documents will be prepared, containing all the evidence. The tribunal can give instructions about information you and the site owner need to provide.

The tribunal might arrange a site visit. At the visit you can point out any problems with the condition of the site, but you will not be able to discuss them.

If the case is simple, the tribunal might make a decision using the written evidence, without a hearing. But you or the site owner can ask for a hearing if you want one.

If there is a hearing, you’ll be told the date and time with at least 21 days’ notice. You can speak for yourself or use a representative such as a solicitor or a friend.

You do not have to attend the hearing. If you do not attend, the tribunal will hear the case without you, using the evidence they have.

Find out more about the tribunal process

The tribunal will decide the new pitch fee at or soon after the hearing. They can set a fee that’s higher, lower or the same as the current fee.

Once they have made a decision, you’ll need to pay the new fee which will be backdated from the review date (or from 28 days after notice was served if the review was late). You’ll be given 28 days to pay after the tribunal’s decision.

If the tribunal sets a lower pitch fee you’ll be entitled to a refund from the site owner.