Getting pitch fee reviews right

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 with 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.

1. Not using the correct form, or using a form 'substantially to the like effect'.
2. Using the wrong inflation figure.
3. Using the wrong review date.
4. Miscalculating the date of service, meaning that insufficient notice is given.
5. 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:

1. Some homeowners have accepted the invalid review and started to pay the revised pitch fee.
2. The error is less serious and may not invalidate the review, meaning the way forward may not be clear.
3. 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

Contact our legal experts