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Complainant Name:
Mr John Hick

Clauses Noted: 1

Publication: West Briton

Complaint:

This complaint was originally made to the PCC. As the PCC closed on 8 September the complaint was resolved by the Independent Press Standards Organisation (IPSO) under PCC procedures. IPSO is the new independent regulator of the newspaper and magazine industry.

Mr John Hick complained to the Press Complaints Commission that the newspaper had published an inaccurate account of a decision of the Property Chamber of the First-Tier Tribunal, in breach of Clause 1 (Accuracy) of the Editors' Code of Practice.

Resolution:

The complaint was resolved after the PCC negotiated the publication of the following correction:

Pendra Loweth

In the West Briton of May 1, we reported a decision of Judge Cresswell concerning service charges contained in leases for properties on the Pendra Loweth estate in Falmouth.

We have been asked to clarify that the judge's reference to "deliberate and wrong" expressed in the headline and in the article related only to the specific issue of Pendra Loweth's Management Company Ltd's failure to maintain or have audited service charges.

We also stated that the judge had ruled that the management company should pay back a total of 16,500 to each 20 claimants. In fact, there are 11 claimants. While this is the sum which the claimants estimate to be repayable as a result of the decision, the tribunal did not make any order relating to repayment or compensation.

Nor did the proceedings reach any finding of overcharging owners. It considered only the preliminary issue of whether the service charges were payable by the tenants - deciding that they were not.

The article also said that Pendra Loweth charged owners for "unrelated" items such as a meal with the accountant as part of their service charge.

The tribunal has made no rulings on whether specific items of expenditure were "unrelated" or otherwise.

We are happy to set the record straight.

Date Published: 06/10/2014



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