First-tier Tribunal Rejects Request for Fee Reimbursement

OUTCOME: Refused

© CROWN COPYRIGHT

FIRST-TIER TRIBUNAL [NAME] (RESIDENTIAL PROPERTY) Case Reference : CAM/22UE/PHI/2025/0674 Property : Pitch 3, Bayside, Sandy Bay, Canvey Island, Essex, [POSTCODE] Applicant : [redacted] : [COMPANY] Respondents : [redacted] : [NAME] by site owner or occupier for determination of new level of pitch fee

Tribunal Member

: Judge Bernadette MacQueen CONSENT TO WITHDRAWAL

1. Upon the Applicant applying to withdraw the original [NAME] and upon my being satisfied that the Applicant has complied with rule 22 of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013 (the Rules), I consent to the withdrawal.

2. Within their [NAME] for consent to withdraw, the Applicant asks the tribunal to determine that the Respondents reimburse the Applicants with the £22 [NAME] fee that the Applicant paid to the tribunal.

3. In order to determine this [NAME], the tribunal asked parties to provide representations to the tribunal by 18 August 2025 as to whether or not the tribunal should make such an order.

4. The tribunal received an email from the Respondents stating that it would be unfair for the Respondents to be asked to pay the [NAME] fee.

2 5. The tribunal has discretion under rule 13(2) Tribunal Procedure (First- tier Tribunal) ([NAME]) 2013 to order a party to reimburse to any other party the whole or any part of any fee paid.

6. Having considered the [NAME], I refuse to make an order that the Respondents reimburse the Applicant’s [NAME] fee.

7. In reaching this decision, I have considered the overriding objective which enables the Tribunal to deal with cases fairly and justly (as set out in Rule 3 of the Rules). I do not find it proportionate to the importance of the case, the complexity of the issues, the anticipated costs and the resources of the parties to order that the Respondents pay the Applicant’s [NAME] fee.

8. The Applicant has not provided the tribunal with any reason for such an order to be made. Further, the Applicant has asked for their [NAME] to be withdrawn because the Respondents have agreed to the revised pitch fee and therefore the Applicant no longer requires the tribunal. On this basis I am not satisfied that an order for reimbursement of the Applicant’s fee should be made.

Name: Judge Bernadette MacQueen

Date: 16 September 2025

3 Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) ([NAME]) Rules 2013, the tribunal is required to notify the parties about any right of appeal they may have.

If a party wishes to appeal this decision to the Upper Tribunal ([NAME]), then a written [NAME] for permission must be made to the First- tier Tribunal at the [NAME] which has been dealing with the case.

The [NAME] for permission to appeal must arrive at the [NAME] within 28 days after the tribunal sends written reasons for the decision to the [NAME].

If the [NAME] is not made within the 28 day time limit, such [NAME] must include a request for an extension of time and the reason for not complying with the 28 day time limit; the tribunal will then look at such reason(s) and decide whether to allow the [NAME] for permission to appeal to proceed, despite not being within the time limit.

The [NAME] for permission to appeal must identify the decision of the tribunal to which it relates (i.e. give the date, the property and the case number), state the grounds of appeal and state the result the party [NAME] the [NAME] is seeking.

If the tribunal refuses to grant permission to appeal, a further [NAME] for permission may be made to the Upper Tribunal ([NAME]).