Court Day for the 2022/23 pitch fee

Last year we submitted a huge evidence bundle to the court as to why we didn't feel 13.4% was fair or reasonable.

Sometimes they make a decision based on that bundle but if it's complicated or, like us, involves lots of people, the judge will also ask for an inspection and proper court hearing.

The inspection took place on Monday 24 June.

For the court there was -

The Judge
The court expert (a surveyor)

For the site there was -

Sharon Reach, Regency Operations Manager
John Clements (Regency's solicitor)

For the residents was -

Gary and James as Chair and Secretary

We showed the group around highlighting issues but bear in mind we'd already submitted loads of photographs taken in 2022/23.

After the inspection we all headed off to Chelmsford Crown Court.

There was around 3hrs15mins of cross examination of both our cases and we had an opportunity to cross examine each other.

After the hearing, the Judge will make a decision in private and that decision will be typed up (with all the reasons for the decision) and sent to us within 5 weeks.

The court can only consider 'deterioration', 'loss of services' and 'reduction in amenity' in the relevant year (April 2022 to April 2023). The burden of proof is on us, not the landlord. As an example, we can't just say the site looks terrible. We have to supply evidence that it actually deteriorated. Solicitors often argue, the site has always looked terrible so it hasn't deteriorated, so the court needs us to demonstrate that it actually got worse.

The options the judge has are -

- 13.4% increase was fair so you all have to pay it

- 13.4% increase wasn't fair and I'm reducing it by x amount.

We have never believed we'd get the 13.4% totally wiped out. It's rare Judge's do that. However, we do feel we've put forward a reasonable case for a reduction.

We'll let you all know as soon as we hear anything but we don't expect a decision for a month or so.