Much of the legal work in relation to park homes is now dealt with through the First Tier Tribunal, a part of the Property Chamber which is itself a part of HM Courts and Tribunal Service.
The First Tier Tribunal is intended to be a service that is more easily accessed and is generally less formal than a magistrates, crown or county court. Sometimes hearings are organised in a local venue such as village hall, other times it may be in a local court.
The language used is not overly ‘lawyer speak’ with lots of Latin or French words that you might hear in some courts, but there may be some technical phrases that are used. The judges are normally more than happy to explain any phrases that are not clear, as well as making reasonable accommodations if you have some particular needs. If you do not understand something, do not be afraid to ask.
Dispel the image of a judge wearing robes and a wig – business suits are more the norm here and we have in the past seen the tribunal in quite casual clothing, especially if they are on a site visit.
Dispel this image of us as well : we are more likely to be armed with a laptop rather than a dusty tome and we use a lot of on-line technology to assist you. That said, we do love paper !
There are a number of other important differences as well, as the Tribunal has its own rules of procedure and is made up of individuals who have a particular technical expertise, whether that be law, surveying or construction. Costs are only rarely awarded, which means that if you take a case then you will generally have to meet whatever legal costs you incur. There is an exception to this, mainly where a party to the proceedings has acted in what the Tribunal considers is an ‘unreasonable’ way.
The Tribunal has the option of either deciding a case ‘on the papers’, which means that you submit everything to the Tribunal in paper or electronic format and then they inform you of the result, or in a hearing. It is sometimes possible to have a hearing over a video connection, if the Tribunal agrees.
‘Going to court’ is still a daunting prospect and it is as well to be prepared for this. We offer an advice service for anyone who wishes to try it for themselves but does not want the expense of employing a lawyer for the whole thing. We can help at whatever stage of the process that you are at – from drafting the application forms to preparing a statement fo case or bundle, or actually speaking at the hearing itself.
If the Tribunal makes a decision that you do not agree with, there may be the possibility of an appeal to the Upper Tribunal. this is where more formality creeps in, although it is still possible to represent yourself. Note that there are strict timescales for appeal and that the first step is to ask the First Tier Tribunal for permission to appeal. They should send you details of this when they announce the decision.