Local Authority Secures Mobile Home Park Licence Fee Order

OUTCOME: Allowed

1

FIRST-TIER TRIBUNAL

PROPERTY CHAMBER

(RESIDENTIAL PROPERTY)

Case Reference

: BIR/31UC/PHP/2020/0001

Property

: [ADDRESS], [POSTCODE]

Applicant

: [redacted]

Respondent: [redacted]

[NAME] : [NAME] by a local authority under s5A(3) of The Caravan Sites and Control of Development Act 1960 (as amended) for an order to pay the Annual site licence fee.

Tribunal

: Judge D Barlow

Date

: 10 August 2020

DECISION

© CROWN COPYRIGHT 2020

2

DECISION

Pursuant to s5A(3) of The Caravan Sites and Control of Development Act 1960 the Respondent is ordered to pay the Annual Site Licence fee of £280.00 for the Property, to the Applicant, within 28 days of the date of this order.

REASONS

1. The Property is situated in Thurmaston, Leicestershire. [ADDRESS] is a relevant protected site situated within the area of the Applicant Local Authority. The Applicant has issue a site licence in respect of the Property. The Respondent is the licence holder.

2. On 13 June 2019 the Applicant issued as invoice to the Respondent for the sum of £280.00 in respect of the 2019/2020 Mobile Home Site Fee.

3. Reminders were sent to the Respondent on the 12 July 2020 and 26 July 2020, of the need to pay the invoice.

4. On 4 May 2020 the Applicant applied to the Tribunal for a Payment Order under s5A(3) of The Caravan Sites and Control of Development Act 1960 (as amended) requiring the Respondent as licence holder to pay the Annual Fee.

5. The Applicant confirmed that as at the date of the [NAME] to the Tribunal the Annual Fee had not been received from the Respondent in response to the invoice.

6. On the 5 May 2020 the Tribunal issued a Direction requiring the Respondent to send to the Applicant and to the Tribunal a Statement of Case setting out all matters of fact and law relied upon and exhibiting all relevant documents no later than 5 June 2020. The Respondent failed to comply with the Direction.

7. On 15 June 2020, a further Direction was made stating that unless the Respondent complied with the Direction by 22 June 2020 he would be automatically barred from taking further part in these proceedings (Rules 9(1) and (7)(a) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules. Also, that the Tribunal need not then consider any response or other submission made by him and may summarily determine all issues against him (Rule 9(8)).

8. The Respondent failed to comply with that Direction and on 24 June 2020 an order was made barring the Respondent from taking further part in these proceedings pursuant to Rules 9(1) and (7)(a).

9. No [NAME] has been received from the Respondent for the bar to be lifted.

10. The Respondent has not made any submissions about the [NAME] and has failed to respond to all communications sent to him concerning this matter. The annual fee is overdue. I therefore summarily determine that an Annual Site Licence fee of £280.00, for the period I June 2019 to 31 May 2020 is payable by the Respondent to

3 the Applicant and make an order that the sum of £280.00 shall be paid by the Respondent to the Applicant, within 28 days of the date of this decision.

Name: Deputy Regional Judge Barlow

Date: 10 August 2020

Rights of appeal

By rule 36(2) of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) 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 (Lands Chamber), then a written [NAME] for permission must be made to the First-tier Tribunal at the regional office which has been dealing with the case.

The [NAME] for permission to appeal must arrive at the regional office 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 (Lands Chamber).