Lord Graham of Edmonton.
2. Clerks Piece,
Loughton,
Essex.
IG10 1NR.
Dear Lord Graham, 1st October 2009
Re: Your request for information in preparation for the Minister’s meeting October 15th.
Thank you very much for your recent letter regarding the above meeting.
I have to admit, this request for yet another list of issues of “importance and urgency”. leaves us here at PHRAA in not only absolute despair but also total disgust for the disgraceful manner in which this government regards, or I should say, ’disregards’ the welfare of over 250,000 (estimated) innocent and vulnerable park homeowners What has happened to all the other reams and reams of material including statements, letters evidence, submissions including an over 1000 signature nationwide Petition conducted by PHRAA I personally presented to you at a Working Party Meeting early in 2008, which we know you kindly passed on to the previous Minister Iain Wright MP? Unfortunately, as with all the other PHRAA correspondence, submissions etc, including a 14 page “Open Letter” (also published on the PHRAA website) highlighting just some of the current rapidly growing number of injustices against the most vulnerable members of our society, as a result of the new legislation, to Mr. Wright, many months ago, which to date no response whatsoever has been received. This I have to say is disgraceful treatment of not only our organisation, but an insult to all bullied, abused and oppressed park home residents, by a Government Minister and his Officials at the DCLG. PHRAA,s small but dedicated team continue to put in hundreds and hundreds of hours of unpaid work trying to help distressed park home residents, producing these reports etc by PHRAA very often at great physical danger to ourselves and our families.
I would respectfully ask what use is it for PHRAA to regurgitate yet another very well aired list of issues, which as they are submitted by PHRAA would, as we strongly suspect, follow the usual fate of most of the other material submitted by PHRAA, mentioned earlier, in that, it will either be completely ignored, mislaid, or shredded by the officials at the DCLG? PHRAA “Tells it as is” because that is exactly how it is for every unfortunate park homeowner who has either unwittingly purchased a home on an unscrupulous park owners park, having been totally misled by the glossy advertising etc., or had their park taken over by a UPO. One extremely relevant “one liner” comes to mind; “you have to live it to know it”. PHRAA is the only National Residents Association whose officers (including myself) actually live on parks owned by a UPO, so do know exactly what we are talking about. WE, IN COMMON WITH EVERY OTHER RESIDENT TRAPPED ON A UPO PARK, LIVE IT EVERYDAY!!!!!
In response to your request, please find below a list of just a few of the outstanding issues which remain of importance and urgency in no particular order……..
1.….. It has become blatantly obvious to the long suffering park homeowners that this government has no intention, evidenced by its lamentable performance to date, to seriously address the rapidly escalating exploitation, and/or bring in even a minimum of legally enforceable protection for park home owners within the foreseeable future. As this obviously means that the uncontrolled exploitation of helpless existing park home residents by the ever growing number of UPO’s will continue to escalate, it also holds dire consequences for any innocent and vulnerable future park home buyers unfortunate enough to have been lured into the gaping jaws of the trap.
There can be no doubt whatsoever that the park home industry is rapidly becoming, if it is not already, monopolised by a rampant and at present incurable cancer which is the unscrupulous park owners. The Government has rightly brought in legislation to warn the nation of the risk of contracting deadly lung cancer from smoking. PHRAA advocates the use of similar mandatory warnings as displayed on the packaging of tobacco products to be prominently displayed in bright letters upon the sides of every park home offered for sale to read as follows….. “BUYING A PARK HOME CAN SERIOUSLY DAMAGE YOUR HEALTH, WEALTH AND HAPPINESS” . A smoker has a choice. If he/she gives up smoking he/she benefits both financially and healthwise. If a park homeowner gives up, where a UPO is concerned, He/she stands to lose everything both financially and healthwise. The only beneficiary is the UPO.
2.…. In 2009 a park home residents home costing £100,000 to £300,000 is classed as a CARAVAN therefore a CHATTEL with no ENFORCEABLE LAW to PROTECT THE HOMEOWNER.
3.….. The responsibility for enforcing park home legislation is placed entirely upon the shoulders of the aged victim park homeowner.
4.…..Residents are being robbed of their life savings by being prevented from selling their homes by means of the powers bestowed on the UPO by this Government legislation. The poor, with the aid of the law, are being robbed to benefit the rich rogue.
5… Residents can only bequeath their park homes to a relative approved of by the park owner. Unfortunately for the beneficiary, they will not be able to occupy the home and be prevented from selling it. Resulting in their being robbed, with the aid of the law, of their inheritance.
Note On these first two points alone PHRAA receives at least two calls a day from distressed and devastated residents or beneficiaries of a will. With the law as it currently stands it is a certainty that each of these will be swindled out of their money.
6.….. Legislation governing park residents associations actively being abused by UPO’s resulting in it being almost impossible for residents to form and operate a Qualifying Residents Association.
7…. Residents not being given Written Statements 28 days before purchase as the Act requires. Many residents do not receive Written Statements (contracts) ever.
8….. Residents kept in a constant state of fear, often too terrified to seek help, suffering acts of harassment, intimidation, being subjected to abuse accompanied by foul language, threats of, or actual acts of violence from UPO. No help whatsoever available from the Police or Local Council in fact involving the authorities usually results in the resident/s being subjected to even worse treatment from a UPO. safe in the knowledge that the law will not protect the helpless resident.
9….. Park Homes is the only industry where it pays to make your customers unhappy.
10…. The Governments outrageous decision to retain the 10% commission payment to park owner on homeowners sales.
.11…. Outrageous pitch fee increases and other unwarranted extra charges imposed at will by UPO’s reinforced by letters from park owner or his solicitor threatening dire consequences if residents resist, designed to terrify any resident/s who dare to question his demands..
12.… In almost every case where a park homeowner is being persecuted by the UPO, NO HELP WHATSOEVER FROM THE POLICE OR LOCAL AUTHORITIES IS FORTHCOMING.
13.….. Following the recent convictions of the UPO’s found guilty of Arson as a method of getting rid of existing residents, we had hoped that the ongoing hard work of West Mercia Police in attempting to bring awareness of the park homeowners situation to the other 43 Police Forces nationwide. Unfortunately recent events on our park and others owned by our own UPO have left us in absolutely no doubt that nothing has changed. Two of our elderly residents (mid 70’s) were accosted by our park owner, one late at night. In both instances two fingers were pushed into their faces, inches from their eyes, each being terrified that they were about to have their eyes gouged out accompanied by threats that “he was going to rip his head off.” Although the Police did come out and speak with the UPO, nothing could be done.
In the other case only a couple of days ago, the homeowner, who has already suffered a triple heart bypass operation and is caring for his sickly wife, had to make 5 calls to the Police before they did eventually turn up. On each occasion they said it was nothing to do with them. It appears that it is only when you live in a park home that you can be assaulted and abused and it is nothing to do with the Police. As this has been proved to be the case time and time again, perhaps the Government would kindly inform us as to who park homeowners are to turn to for help, or is that, as events clearly prove that we are expected to just take it and shut up by this government. I should make it clear that for the purposes of this submission I have only quoted a couple of cases which occurred with this park owner. I would be very happy to provide many more cases equally horrific.
14.…. For the park home resident, seeking help from the Police or the Local Authority can and frequently does, involve dire consequences. As in most cases the officers concerned either chose not to take action or believe they are not able to under the current legislation, then the UPO takes this as confirmation that he can treat his captive residents exactly as he likes with nothing whatsoever to fear from the law.
15.….. Due to the current regulations governing the Local Authorities operation of the 1960 Act which restricts the powers of Councils regarding park/mobile home sites resulting in unscrupulous site owners being free to develop sites almost free of official sanction regardless of the adverse effect on existing residents. What is the use of having Site Licence Conditions if the Local Authorities are under no real obligation to enforce them? Those unfortunate residents who happen to be in the way of the site owners development plans will end up being made homeless and forced to accept local authority accommodation or if they cannot take the stress, a plot in the local cemetery.
14.….. And so on and so on, what is the use of repeating the problems over and over again? This Government have no intention of taking action. If the Government ministers really wish to enlighten themselves to the problems, it is all there free to view on the PHRAA website.
PHRAA is the only National Residents Association using its “TELL IT AS IT IS” policy using every opportunity to bring the outrageous suffering and exploitation into the public eye mainly by means of the PHRAA website. PHRAA is the only National Park Home Residents Association website open to every one to view and download vital information, on the park home lifestyle, for free worldwide. Indeed we are proud to state that the PHRAA website is the only truthful, comprehensive and essential source of information available to all especially those contemplating the purchase of a park home. “TELLS IT AS IT IS” . EVERY SINGLE INFORMATION STATEMENT ISSUED BY PHRAA ON ITS WEBSITE OR ANY OTHER WAY IS “THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH”. Furthermore,. nothing PHRAA publishes is exaggerated in any way whatsoever. Indeed, I personally find it extremely difficult to find the adequate words which even come close to portraying the full extent of the horror and devastating effect the terrifying treatment metered out to helpless park homeowners caught in the trap, by the ever growing number of UPO’s intent on completing their monopoly of park home sites nationally.
We are fully aware that PHRAA’s outspoken, realistic and truthful approach regarding the situation as it exists with the ever growing problems to imprisoned park homeowners at the mercy of the UPO’s does not make PHRAA popular with the industry, their trade organisations, the Government and for reasons we find impossible to comprehend our fellow National Residents Associations, or to be precise, one in particular which I will come to later.
Are we to accept that every time a change of Minister occurs at the DCLG, all the evidence etc, received by the outgoing Minister mysteriously, disappears and has to be submitted all over again, meaning that the whole process has to start from scratch all over again? It is no wonder that any new legislation, which may possibly be of benefit to park homeowners in some small way, ie., “Fit and Proper Person,” is liable to take years to come into being, if ever. Either way, if this clause alone does eventually come into being it is certain that by that time the industry’s trade organisations using their very “clever and ruthless” legal companies will have so efficiently manipulated it, that it ends up entirely to their advantage, in common with the rest of this blatantly “park owner” biased legislation. What kind of Government brings into being weak, and loophole ridden legislation, then has the audacity to claim that it will protect the helpless victim, which are the most vulnerable members of society the elderly 70,80, 90 year old park home owner. Not content with this outrage, this government then compounds this by placing the whole responsibility and burden of enforcement on the same innocent and usually already terrified victims knowing that they don’t stand a “snowballs chance in hell” of obtaining justice. Indeed, woe betide any park homeowner who even contemplates attempting taking his UPO to court, however rock solid the case may appear, for this will immediately bring down upon his neck the wroth of the almighty Tozers of Exeter or a similar specialist legal company normally employed by the park owners and their trade organisations.. It will not be long before even the most determined park homeowner comes to realise with dismay that the way he had interpreted the park home law, was very different, (usually totally opposite,) to the way the park owners legal team pronounce it. But by far the most terrifying experiences of the loopholes contained within the Mobile Homes Act 1983/2006 await the innocent park homeowner who dares to exercise his perceived right, under the terms of the Act, to challenge the site owners imposition of extra or outrageous pitch fee increases or other charges at will. This is when he really feels the full crushing power of the likes of Tozers & Co. It is a very brave 70,80 or 90 year old pensioner who will consider standing up against these demands having received a letter from either the park owner or his solicitor, (very often Tozers) threatening that should he not pay the demanded sum, he will be taken to court where, they claim, he will certainly lose and consequently have to pay thousands of pounds which they claim will be the park owners costs.
“WHAT DID WE EVER DO TO DESERVE THIS? “
One can only conclude that by their actions, (or rather, lack of actions) that the DCLG, Government, Unscrupulous Park Owners and their trade organisations, not only hold park homeowners in utter contempt, they see the role of park homeowners solely as a bunch of gullible old fogy’s ripe for exploitation whom they can rob and rip off with no fear of prosecution. “BLEED EM DRY UNTIL THEY DIE” . But worse still, this Government is guilty of a continued act of gross and unforgivable cruelty against every one of the thousands, (potentially 250,000 estimated) of park homeowners by repeatedly stating that they have brought in new legislation which will protect homeowners from the exploitation practiced against residents by the UPO in the full knowledge that all this so called protective new legislation has been proved to have achieved in practice is to have reinforced the ABSOLUTE power the UPO holds over his helpless residents resulting in the UPO’s being a sector of the community being granted total immunity from the LAW..
There are three everyday phrases the UPO’s stock in trade regularly used, designed to instil fear into residents….. 1.… “Its my land and I’ll do as I like”. 2.…. (More frightening) “I am not afraid of the council, the Police or anybody else. Nobody can stop me doing what I like”……. 3.…. Used when threatening residents with, or being threatened by residents with, court action for whatever reason…. “You’ll never beat me. I have the best lawyers and the money, you’ll never win” The tragedy for park homeowners is that the UPO is absolutely right in everything he says, Thanks to this government incompetence THERE IS NO ENFORCEABLE LAW TO STOP THEM! For this this Government or to be more precise, its Ministers, and Officials should hang their heads in shame. Several years have just been wasted so far on this so called park home law reform but the end result is that park homeowners are worse off now than they have ever been and the unscrupulous park owners are laughing all the way to the bank.
Finally, at present there are three National Park Home Residents Associations including PHRAA all claiming to be working hard to persuade government to improve the rights of park homeowners. It appears from the defining silence from two of these Associations that it is only PHRAA who is actively engaged in trying to bring park homeowners problems into the public eye. It beggars belief that it is only PHRAA that receives the ever growing number of horrendous and heartrending pleas for help from an ever growing number of elderly and distraught park homeowners. Whatever the answer, we at PHRAA consider that the role of a National Park Home Residents Association is to work exclusively for park home residents, not to provide help and/or advice for park owners, especially the unscrupulous variety.
I have tried hard to finish this letter by the October 1st deadline as you requested, but due to our overwhelming workload it is a bit late. However the delay has enabled me to include a further horrifying case which occurred over the past few days which features our UPO..
An elderly resident on Oxley Court Park who last year had a triple heart bypass operation and is also caring for his invalid wife had cause to repair a set of access steps to his home. This was due to the fact that our park owner had not built them properly when the home was sited a few years ago and they were too deep for his wife to manage. Immediately after the resident had completed the necessary repair, the site owner banged on his door ranting and raving whilst holding his fingers inches from the residents eyes threatening to poke them out, that he should not have carried out the work without permission and if he did not dismantle the repair he,(the site owner) would return a couple of days later and smash it down. Following my advice the resident called the Police, who at first refused to attend stating that “it was nothing to do with them.” Again on my advice the resident persisted and after 5 telephone calls, the Police finally arrived. They contacted the site owner who claimed that the law said that the resident had to have the site owners permission to carry out the work. The Police accepted this and told the resident that they could do nothing, but if the site owner did carry out his threat to demolish the residents steps to call 999. The site owner did return and smashed down part of the steps with a sledge hammer. The resident called the Police who did attend, but again stated there was nothing they could do. The resident would have to take the site owner to court. I also spoke to the Police Officer, to no avail. This case is still ongoing.
I hope this information will be of help.
Yours Sincerely,
Ron Joyce, General Secretary PHRAA.
Copies to…. Sir Patrick Cormack FSA. MP. The PHRAA WEBSITE. All interested parties.
