PEOPLE PHRAA NEWS POWER

As we are sure our loyal members, readers of this newsletter and visitors to the PHRAA website will be aware PHRAA is the only National Park Homeowners Residents Association to operate the policy of “TELL IT AS IT IS”. This especially applies to the thousands of park homeowners who like us, are unfortunate enough to be the captive victims suffering untold distress as the result of the despicable exploitation routinely practiced against them by the ever growing number of Unscrupulous Park Owners. (UPO’s) Unlike others PHRAA firmly believes that all park homeowners have the right to expect the truth especially from their National Organisation working, as PHRAA does, exclusively for the rights of all Park Home owners to a fair deal. All Park Home Owners deserve exactly the same rights, respect ,consideration and protection under the law as every other member of society. We are not second class citizens to be treated with indifference, at times almost bordering on contempt, by many of those in authority including council officers, the Police, and Government Ministers etc. To days Park/Mobile homeowners pay almost as much for their homes as those buying bricks and mortar especially when you take into account the fact the price of a conventional home ,which is not made of wood, has wheels and certainly not classed as “Temporary Accommodation, (see accommodation section of your recent Census Form) usually includes the actual land it stands on. Park/mobile homeowners also have to pay Council Tax but do not enjoy the same services as conventional housing. In fact, most park /mobile homeowners can justly claim that we have the most expensive refuse disposal service (bin emptying) of anybody in society. We get precious little else for our money. Try getting someone from the Council to take a genuine complaint seriously regarding the site owners serious breaches of his site licence conditions detrimentally affecting the state of your park/mobile home site. ?????

But, sad to say, PHRAA’s policy of “TELLING IT AS IT IS” makes PHRAA very unpopular especially with the powers that be. Obviously PHRAA would not expect to be flavour of the month with UPO’s, the Park Home Industries Trade Organisations, the British Holiday & Home Parks Association Ltd (BH&HPA) in particular and others some of which actively promote this industry by issuing, what PHRAA maintains, are varying degrees of mis-leading advertising. But PHRAA is absolutely disgusted, on behalf of our fellow PH residents, when others who purport to be championing park/mobile homeowners rights, go to great lengths, certainly behind the scenes, to consistently deny, dismiss, ridicule and sabotage PHRAA’s efforts to alert those in power and the public as to the true extent and burgeoning scale of the horrific problems thousands of residents, through absolutely no fault of their own, are forced to endure daily at the hands of UPO’s. PHRAA also despairs at those Government Ministers, Secretaries of State and Civil Servants who also will not listen to PHRAA or indeed it appears will they listen to the thousands similar of accounts of mal-practice arriving on their desks over the years from devastated PH residents. These are the powers that be who, because they fail to listen to those who really know the situation, preferring instead to be influenced by those with their own highly lucrative agenda, intent, at whatever cost to PH residents, to retain their, very favourable, status quo. As these Ministers etc., are those we trusted to drawing up and introducing the necessary legislation giving the urgently needed, and 40 years + overdue, legal protection to enable present and future park/mobile homeowners to live their lives in the industry promised “PEACE AND TRANQUILITY” . THEN GOD HELP US PARK HOME OWNERS

Grant Shapps free to view and download on the PHRAA.website.) For those not having access to the internet hard copies are available for the price of a stamp.

RESIDENTIAL PROPERTY TRIBUNAL SERVICE ( RPTS)

PHRAA certainly does not subscibe to the issuing of enthusiastic statements regarding the imminent introduction (30^th April 2011) NOW AGAIN DELAYED UNTIL 1^st JULY 2011. of a new low cost dispute resolution process. Known as the RESIDENTIAL PROPERTY TRIBUNAL SERVICE the introduction of this (particularly in PHRAA’s opinion ill-conceived) legislation, heralded by Government and wholeheartedly supported and welcomed by the representatives of the other National Park Home Residents Associations, the Park Owners including their very powerful trade associations especially the BH&HPA,, as, they claim, a low cost dispute resolution process and the answer to many of the park home residents problems. Unfortunately for us long suffering park homeowners, all it will prove to be is a cheap way for the Unscrupulous park Owners to further impose their will upon his captive residents. No longer will the UPO’s have to risk thousands of pounds taking or threatening Court Action as the means of enforcing his totalitarian regime on his residents. In future it will only cost him the huge sum of £150. Its hardly any wonder the industry is fully in favour??? Again the down side for the resident is that should the Tribunal find for the resident, if the park owner disregards or fails to comply with the decision, as there IS NO LEGAL ENFORCEMENT, the only redress open to the aggrieved resident is to take the park owner to court incurring possibly many thousands of pounds in further legal cost. Some cheap option that will prove to be? To sum up the workings of this pathetic, weak and toothless Tribunal legislation I will take the liberty of quoting from the Legislation News published in the April 2011 IPHAS Newsletter which states as follows: “Although the tribunal service will be less formal than the County Court, do not assume you can tell your story and the tribunal panel will understand. In the event of of a dispute, the park owner will probably “…..probably? I think you can safely assume he will definantely use a lawyer) “…..use a lawyer to present his case who will quote all the relevant legislation. Therefore (wait for it) you must also be able to quote the relevant legislation in your favour or USE A LAWYER or qualified person to act for you.” I couldn’t have put it better myself, but unfortunately the above quote comes from one of the RPTS most enthusiastic supporters who was, along with the industry, actively involved with the Department of Communities etc., in the formation of this, where the resident is concerned, un-enforceable legislation. Cost to resident bringing case against a UPO £150. Cost to resident of engaging the services of a lawyer, who may not understand the Mobile Homes Act, to represent him/her £150-£180 plus per hour, plus their travelling expenses etc. Whats cheap about this??? Especially when it is very probable that the resident, even if he/she is lucky enough to win his/her case, will have to take further action through the Courts in an effort to obtain enforcement involving a further set of costs. As anyone having experience of Court Actions know already, a UPO takes absolutely no notice of Court Judgements now. Does anyone, in authority or resident, seriously believe that they will take notice of an unenforceable Tribunal Decision. Who is living in CLOUD CUCKOO LAND? Certainly not PHRAA. No doubt PHRAA will be even more unpopular with the powers that be for exposing this farce!!!!! Ron

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RECENT COURT CASES.

PHRAA sincerely congratulates Cornwall Trading Standards which, following numerous complaints from park Homeowners, successfully prosecuted, by a new and unprecedented use of the ENTERPRISE ACT 2002 in relation to Park/Mobile home sites, a well known family of multiple site owners for failing to comply with consumer protection legislation. An Order was made at Exeter County Court on January 27^th 2011against the site owners to the effect as follows…. “The Order provides that they must not breach the terms of agreements with residents at their park/mobile home sites, harass another person contrary to the Protction of Harassment Act 1997, breach any legal duty of care owed to consumers, or breach the Consumers Protection from Unfair Trading Regulations 2008.” To quote one well known saying ….”One small step for mankind “ (Park/ Mobile home owners) Lets hope others follow and build upon this success. Ron.

However before we get too euphoric, a word of caution. It seems that this same family was previously prosecuted by the city council at Exeter Magistrates Court in 2009 where they were ordered to pay fines amounting to £10,000 for similar breaches. Just shows how much notice such people take of Court Orders?? Ron. -----------------------------------------------

SITE OWNER CUTS OFF LPG GAS SUPPLY TO HOMES LEAVING HELPLESS ELDERLY RESIDENTS TO FREEZE WITHOUT HEATING DURING THE WORST WINTER FOR YEARS !!!!

As any occupier of Bricks and Mortar will know it is against the law for essential utility suppliers eg. Gas, Electricity, Water etc., to unilaterally cut off services to domestic customers for disputes regarding charges. Even if the customer has fallen hopelessly behind with payments over a long period, they cannot legally have supplies withdrawn. But as recent events on Broadfield Park in Morcambe, Lancs., prove, if you own your own park/mobile home situated on a park home site where the only form of Gas supply available is Liquid Petroleum Gas (LPG) provided and controlled by the park owner, in this case, from a bulk tank, the park owner cut off the service at will leaving the helpless residents to freeze during the worst months of freezing weather this country has experienced for many many years. On turning to the authorities (Local Council etc) for help the horrified residents soon found out that no help was forthcoming. It has taken many months of frustrating, costly and protracted legal action by the residents to have at last had the supply restored. The case is still ongoing and costs have now reached astronomical proportions. What you may ask is what terrible crime had the residents committed to bring forth such draconian action by the park owner? Answer….They dared to question the escalating exorbitant price the park owner was charging residents for the LPG Gas by following to the letter the procedure laid down in the Mobile Homes Act 1983/2006 which clearly states that if requested by the residents the park owner must supply ,free of charge, a breakdown of how these charges were made up. The Site owner, who incidently is a BH&HPA member which means that he is bound by the terms of the “PARK HOMES CHARTER“, refused and we understand that although ordered to produce these figures he has still not fully complied. Ron.

DEVASTATING COURT OF APPEAL RESULT FOR 65 RESIDENTS OF CARR BRIDGE PARK.

If the facts of the above as yet unresolved case are not disturbing enough then the shocking result of the Court of Appeal Hearing on 23^rd November 2010 at Preston Court before Judge Appleton will take your breath away. Due to the Park Owner represented by Mr. Leslie Bloem QC and TOZERS Solicitors not only has this decision devastating consequences for the park homeowners involved but also for every other park homeowner in the country has now been awarded the legal right, overriding all previous relevant clauses in residents individual Agreements (contracts) to unilaterally impose extra charges, previously included within the Pitch Fee, how he likes,when he likes and for whatever he likes. He is also now free to introduce new charges at will and guaranteed the now virtually mandatory annual RPI pitch fee increase and there is not a damn thing the helpless residents ( captive victims) can do about it. It is now a case of pay up or else.

This case, which briefly, involved the park owner introducing charges for water and sewage both previously included in the pitch fee addition maintenance charges for electricity and increases to the pitch fee had been the subject of several court hearings over the years and recently in Blackpool County Court, which were mainly judged in favour of the residents. All of these verdicts were overturned at the Preston Appeal Court.

Not just satisfied with winning the appeal Green Tree Parks, (Harold Burnett) , Tozers Solicitors and their very “clever” Barrister, Mr. Leslie Bloem QC have now ensured that any future resistance to an almighty park owners demands is crushed, therefore doomed to failure, by claiming crippling costs against each of the residents involved totalling approx £69,000 divided between them.A very harsh penalty for sticking up for your rights.

It should be emphasised that the only crime that these residents of Carr Bridge Park are guilty of are….

(1)… Being taken in by the glowing park home advertising and PURCHASING A PARK HOME!!!!

(2)…. Daring to stick up for their rights by following, TO THE LETTER, the regulations and procedures as set out in the Mobile Homes Act 1983/2006 and the WRITTEN AGREEMENT (contract) purporting to guarantee their rights under the law. A so called Legal Document that now has definitely proved to be, as from the 23^rd November 2010, NOT TO BE WORTH EVEN THE PAPER IT IS PRINTED ON. No doubt Mr. Burnett owner of Green Tree Parks, Tozers Solicitors, (whose very name strikes fear and loathing into the hearts of many unfortunate park homeowners past and present) and especially Mr. Leslie Bloem QC (whose name I cannot spell) will be feeling so proud of the fact that they have won a crushing victory over a group of honest and upright folk who had the will but not the funds to compete on an equal footing.

We must pay tribute to the tremendous work undertaken on the residents involved behalf by Mr. George Chopping who in spite of having to cope with many health and personal problems and having absolutely no legal experience whatsoever, took on the awesome task of representing his fellow residents in all the cases. He and his fellow residents may be beaten by overwhelming oposition but they are not bowed. PHRAA is privileged to be associated with them.

Many of you may remember that some time ago residents of a park in the South of England was involved in a similar case and launched a national appeal to park homeowners for financial help to fight their case and help them with the crippling legal fees and costs involved. One group of residents who gladly responded were those from Carr Bridge Park, Blackpool. I understand that the sum of £700 was collected and duly donated to the cause.

On behalf of the 65 devastated residents involved in this case who are understandably struggling to pay these crippling costs may I appeal to all park homeowners to please put your hands in your pockets and donate as much or as little as they can afford to help. These brave residents took a stand for what they believe in. It could be any of us to be preyed upon next. For details of where to send your donations, please contact Ron at PHRAA. Thank you all in anticipation. Tel. 01902 373462. Email. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Ron.

FACEBOOK CONTACTS.

PHRAA is very pleased to announce that we are linking up with many new friends and Associations via the Facebook network and is proud to offer publicly the full support and backing of PHRAA in their brave efforts to fight and report on the various issues affecting most of us. The more of us that link up together the more much needed, as the above article demonstrates, strength it gives us all. Although I should mention that one certain very opinionated individual is busily engaged both by phone and email trying to persuade those who will listen that it is wrong that we attempt to unite. It seems to me that certain people, who only survive by using the “divide and rule” tactic, are getting the wind up. Thanks to you all for helping and encouraging PHRAA to get involved in this wonderful network and we look forward to linking up with many more new friends. Ron.

RESIDENTIAL PROPERTY TRIBUNAL SERVICE.

After delay and yet further delay the date when the Government decree that the jurisdition for park home disputes will be taken over by the Residential Property Tribunal Service is now given as the 1^st July 2011. PHRAA’s views on this matter will available in detail shortly on the PHRAA Website www.phraa.co.uk.

AND FINALLY.

We all know that many Park Owners regard themselves as above the law but did you know that they possess many other talents denied to us mere mortals. One such is our own park owner who made the national press, when on learning that his two sons who whilst driving at an alleged 4MPH through a flood caused by a burst water main locally, fell into a 7ft deep hole in the carriageway full of water resulting in the £24,000 pick up truck resting with its bonnet submerged and its back wheels off the floor., rushed to the rescue. He then proceeded to jump into the hole with the intention of lifting the two ton truck out onto dry land. What is remarkable is that he was able to get in and out of the hole without getting wet. Now either he can walk on water or like Moses he can part the waters and keep dry that way. Unfortunately he was apparently unable to lift the truck out of the hole. Perhaps like Samson, he had had his hair cut, thus depriving him of his strength. Full story on the Website of the Express and Shropshire Star dated March 8^th 2011. Ron.

See you soon. Very best wishes to all. Ron and the PHRAA team. Head Office. 5. Silver Poplars, Kingswood,Albrighton Wolverhampton. WV7 3AP. Tel. 0902 373462 Email This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

PHRAA. FIGHTING FOR YOUR LEGAL RIGHT TO A FAIR DEAL