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Author Topic: Service charges dispute (not Covid 19 park closure issue)  (Read 4140 times)

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  • Offline Paul

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    Service charges dispute (not Covid 19 park closure issue)
    « on: February 12, 2021, 04:46:17 pm »
    Hi, I'm a new member of this Forum. I hope you are all doing ok in these unusually difficult times.

    [If this topic has already been discussed, please point me in the right direction.]

    My issue relates to disputed service charges. I have taken legal advice (via my insurance) and it is suggested I get a technical surveyor's report to calculate reasonable costs for services provided by my holiday park.

    The problem is I cannot find a surveyor who wants this job. I appreciate any ideas.

    Many thanks,

    Paul



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    Offline Slattster

    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #1 on: February 12, 2021, 07:05:36 pm »
    Hello Paul , I’m not sure what you want or why you want it but maybe worth joining Naco and see if they can help.

    Linkback: https://staticforum.co.uk/index.php/topic,693.msg1711.html#msg1711
     

    Offline DaveE

    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #2 on: February 13, 2021, 07:55:42 am »
    Welcome to the forum Paul.   This is a very unusual ask and I’ve not come across it before so don’t know what to suggest.
    Without knowing more about the specific services & issue involved it is difficult to think of where to get such assistance as you appear to require.


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  • Topic Author
  • Offline Paul

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    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #3 on: February 13, 2021, 08:24:06 am »
    Hi, Thanks for your responses.

    To clarify: my Park is trying to charge me for services I do not receive, hence the dispute. My lease clearly says that such disputes should be sorted out via formal, that is, legal arbitration. This will involve using a dispute resolution lawyer.

    The advice from my legal support person, a dispute resolution specialist, is that I need to obtain a technical surveyor's report about the services for my lodge, a report carried out by a qualified, professional surveyor. The surveyor would visit the park, look at relevant information, past charges, any breakdown of costs cited by by park etc. This report would then inform the legal process and help arbitrate the dispute to agree fair and reasonable service charges.

    However, after asking quite a few surveyors, none of them seem to want the work, Can anyone suggest a suitable surveyor?

    Kind regards,

    Paul

    Linkback: https://staticforum.co.uk/index.php/topic,693.msg1713.html#msg1713
    « Last Edit: February 13, 2021, 08:50:19 am by Paul »
     

    Offline Ian157

    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #4 on: February 13, 2021, 09:15:39 am »
    Hello Paul and welcome to the forum.

    I assume as you have a lease agreement with your site you live on a residential park?

    Ian


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    Offline fhb2

    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #5 on: February 13, 2021, 03:02:17 pm »
    Hello Paul and welcome to the forum.

    I assume as you have a lease agreement with your site you live on a residential park?

    Ian

    Some leisure lodges are leasehold and registered on the land registry.
    Residential parks homes will only have a lease if they are being rented from the Park, rather than owned.

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    Offline fhb2

    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #6 on: February 13, 2021, 03:13:19 pm »
    Hi, Thanks for your responses.

    To clarify: my Park is trying to charge me for services I do not receive, hence the dispute. My lease clearly says that such disputes should be sorted out via formal, that is, legal arbitration. This will involve using a dispute resolution lawyer.

    The advice from my legal support person, a dispute resolution specialist, is that I need to obtain a technical surveyor's report about the services for my lodge, a report carried out by a qualified, professional surveyor. The surveyor would visit the park, look at relevant information, past charges, any breakdown of costs cited by by park etc. This report would then inform the legal process and help arbitrate the dispute to agree fair and reasonable service charges.

    However, after asking quite a few surveyors, none of them seem to want the work, Can anyone suggest a suitable surveyor?

    Kind regards,

    Paul


    The best suggestion was from Slattster, joining NACO and asking them.

    Do you have legal advice as part of your lodge insurance (or even your home insurance)? They may be able to suggest somebody who can help - or whether you should even be obliged to employ a surveyor or not.
    I would have thought that if your allegation is that you are being charged for a service that do you not receive, then it should be down to the park to first demonstrate either that (a) you do receive it, or (b) that it is part of your cost whether or not you receive it.
    (While it seems unlikely, if by "services" you mean connections such as water, gas, electric, cable - then maybe one of the specialist park home surveyors, such as Blue Chip, Phoenix, Subject II Survey, can help - they carry out pre-purchase surveys for park homes, so may be used to checking utility connections.)



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  • Topic Author
  • Offline Paul

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    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #7 on: February 14, 2021, 03:59:39 pm »
    Thanks for all the help.

    I will follow up your suggestions.

    NB: yes I do have a lease and an arbitration clause in my lease for such service charges disputes.



    Linkback: https://staticforum.co.uk/index.php/topic,693.msg1718.html#msg1718
     

    Offline fhb2

    Re: Service charges dispute (not Covid 19 park closure issue)
    « Reply #8 on: February 14, 2021, 04:22:18 pm »
    I think that if you have a lease, even if it is a holiday chalet/static, then the landlord and tenants legislation may apply.
    LEASE is an advisory body that has some useful information about arbitration among other things, and may be able to give you some guidance.
    https://www.lease-advice.org/advice-guide/alternative-dispute-resolution-2/


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