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PARK OWNERS COMPLAINT AGAINST
PHRAA.
(or in the immortal words of Dads Army’s Corporal Jones, “They don’t like it up em!
Important information for Present and Potential
PARK HOME OWNERS ESPECIALLY THOSE
ON PARKS OWNED BY THE
SMALL FAMILY
“PARK OWNERS COMPLAINT AGAINST PHRAA”
PHRAA APPEALS TO THE RESIDENTS OF ALL PARKS OWNED BY THE
SMALL FAMILY FOR INFORMATION
(Please See end of Article)
Very recently I received the following email dated 11th October 2011 from a Mr.
DAVID OSBOURNE who is a PUBLIC ACCESS BARRISTER employed by the SMALL family, well known multiple park home site owners operating mainly in the South West. For the information of the visitors I have faithfully reproduced, in full, a copy of this email and my written response on behalf of PHRAA sent to his Somerset Chambers by Post dated 15th October 2011.
“ Dear Mr. Joyce,
I represent the Small family in all legal matters.
An article in your newsletter dated the 11th October 2011 has been brought to my attention. The article has your name on it, quotes a report by you from the 8th February 2011, recounting convictions against the Smalls going back to June and July 2009 arising from their ownership of Ringswell Park in Exeter.
The truth is that these convictions were successfully appealed in November 2009, when very late in the hearing, Exeter City Council conceded that their was no evidence on which the Smalls should have been convicted in the first place. The appeals were allowed, together with costs against the Council. I should add that Elaine Kate has taken no proceedings whatsoever to revoke their park licence, nor had any grounds to do so.
I appreciate that your newsletter is directed towards a captive readership consisting of a handful of disgruntled residents who have nothing better to do than complain about anything and everything. It is all the more surprising that these residents still live on my clients parks, when they could so easily leave.
Even an in house newsletter, such as yours, albeit with a limited circulation, is subject to the same legal principles governing malicious falsehood as publications with a wider circulation. In the circumstances, you may wish to put the record straight, together with an apology. In future I advise you to check your facts before going to print.
I look forward to hearing from you.
David Osbourne
Public access Barrister. “
End.
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PHRAA’s Response. Dated 15th October 2011.
To Mr. David Osbourne……..
“Dear Sir,
Re: The Smalls, Your Email dated 11th October 2011.
Thank you very much for your above dated email and I am very grateful to you for bringing the matters you are complaining about to my attention. As you have kindly requested I will endeavour to “put the record straight”, but I feel it is well worth mentioning first that have not produced, written, distributed or in any other way caused a newsletter of any sort bearing my name or any one else’s to do with PHRAA to be issued on the 11th October 2011 either in hardcopy, on the PHRAA website or anywhere else. In view of this fact, may I respectfully suggest that you carry out an immediate investigation as to the source of your information especially concerning the motives and integrity of your obvious informant, who it appears has mis-led you somewhat. Also in view of the above may I respectfully advise you to heed your wise, and I am sure well intentioned, advice to me that “in future I (you) advise you (me) to check your (my) facts before ging to print”.
Bearing in mind my reservations regarding the validity of your complaint that I have expressed above I will now, entirely as a gesture of goodwill, attempt to address for your convenience, the subject of your complaint.
The source of the information in any reports I may have complied, which appear to form the basis of your complaint, are clearly stated in nthe original article and I was not aware of any further report concerning the appeal you mention. Therefore I am not currently in the position to be able to issue any sort of statements of the kind you request.
If you would be kind enough to supply me with a copy of the Courts decision concerning the appeal you mention and detailed accounts of any other Court cases concerning your clients, I will only be too happy to print the facts where, or if, they differ from my alleged account. I can assure you that PHRAA goes to great lengths to ensure, as far as possible, that we only publish the truth. PHRAA sets great store by its integrity and would obviously take steps to correct any mis-information published unintentionally. I await the relevant information on this matter from your good self in due course and I will deal with it accordingly ASAP.
As I have stated above I am willing to take any action necessary if needed. However, I and my colleagues at PHRAA who for the last ten years or so have devoted our lives, in a voluntary and UNPAID capacity, in fighting exclusively for the rights of all park homeowners to a fair deal, are not particularly bothered about what you and your clients may think about PHRAA and its methods of operation and have no intention whatsoever of loosing any sleep regarding your extremely derogatory remarks concerning PHRAA, the comments of our newsletters on our website. Your opinion is your opinion and PHRAA respects your right to express it whenever and wherever you like.
But PHRAA does take great exception to your arrogant and disgraceful description of Park Homeowners, (unfortunately all too common among park owners and their representatives throughout this industry) especially those who own homes on the smalls parks who you describe, in your email t6o me, as
“……. a handful of disgruntled residents who have nothing better to do than complain about anything and everything”. Whilst PHRAA readily accepts that not all park homeowners are saints, in our vast experience 99.9% of park homeowners complaints are genuine.. You then go on to state that, It is all the more surprising that these residents still live on my clients parks, when they could so easily leave”. CAN THEY MR. OSBOURNE? Perhaps you would like to explain how this is possible in your response?
However taking on board what you say and in the interests of fair play and PHRAA’s stated policy to only publish proven facts, I proposes to shortly publish a request specifically directed at all park home residents on all parks owned by the Smalls, for their (the residents) honest opinions as to the quality of their lives, the quality or otherwise, of the treatment in general each resident receives from the Smalls in the everyday life on the parks. Included within this list of questions will be, How easy is it to sell your home on a Smalls park. (No innuendo is meant by this question it is a general question frequently asked of any park homeowner by PHRAA)
It will be made clear to all who may choose to take part in this exercise that all responses will be treated in absolute confidence, which is PHRAA’s standard procedure. I am sure you and your client would welcome the publication of the results on the PHRAA website, as I am sure that you have nothing to fear from such results. This, we at PHRAA consider, and I am sure you will agree, is the surest way to prove whether or not your stated opinion concerning the validity of residents complaints is correct.
Finally purely for my own interest, may I ask you a personal question. Would you consider buying a park home as your main residence and/or would you encourage any elderly loved one, to invest their hard earned savings in the purchase and take up residence in a park/mobile home, perhaps on a Smalls owned park, in which to spend their Autumn years? Don’t worry I don’t really expect you to answer.
Thanks again and look forward to receiving the information requested.
Yours Faithfully,
Ron Joyce. General Secretary PHRAA.
In compliance with PHRAA’s policy of transparency, copies of your email and the PHRAA response will be published on the PHRAA website.
Copies to all interested parties including relevant Members ofr Parliament.
PHRAA also reserves the right to compile future articles for publication on the PHRAA website based upon the quotes from the text of your email dated 11th October 2011 highlighted in italic’s in my response.
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FURTHER RELEVANT IMPORTANT UP TO DATE INFORMATION RE; THE SMALLS Dated 7th February 2011.
“ CORNWALL COUNCIL OBTAINS COURT ORDER TO HELP PROTECT PARK HOME RESIDENTS” 7th February 2011.
“The proprietors of J&B SMALL PARK HOMES, a business operating park home sites across South West England, have agreed to trade lawfully after a court case brought by Cornwall Council’s Trading Standards Team.
Mr. Jeffrey Small (Senior), his wife Barbara Small and son Jeffrey Small (Junior), from Taunton, have all consented to a court order under the Enterprise Act 2002 requiring them to comply with consumer protection legislation.
The Smalls have been operating mobile home parks for around ten years, at times trading as J&B Small Park Homes and JBS Park Homes and often via offices at Beauford Park, Norton Fitzwarren in Taunton.
They run eighteen park home sites from Cornwall through to Hereford, housing several thousand residents who are generally of retirement age.
“Trading Standards became aware of consumer issues at a park at Harrowbank in Cornwall after receiving a number of complaints from residents” explained Martin Fisher of Trading Standards.
“Following further investigation and contact with the Smalls’ legal representative,
( Could this be Mr. David Osbourne Barrister who in his email to PHRAA , claims to represent the Smalls in all legal matters, I wonder????) we decided it necessary to take court action.”
“ The court order relates to all three Smalls trading together, on their own or through any business. The order provides that they must not breach the terms of agreements withy residents at their park home sites, harass another person contrary to the Protection from Harassment Act 1997, breach any legal duty of care owed to consumers, or breach the \Consumer Protection from Unfair Trading Regulations 2008. The Regulations are wide ranging and cover conduct such as aggressive practices and giving misleading information.”
The Smalls denied any unlawful conduct and agreed to the terms of the Court Order without the need for a trial.
“ This was a new and unprecedented use of the Enterprise Act 2002 in relation to park home sites”, added Lance Kennedy, Cabinate Member for Community Safety and Neighbourhoods.” I am very pleased that park residents and particularly the elderly have a greater protection. This is a group that have earned the right to respect and protection. I shall be requesting our staff to closely monitor compliance”.
A SERIOUS BREACH OF THIS ORDER WOULD BE CONTEMT OF COURT WHICH COULD BRING A MAXIMUM PENALTY OF AN UNLIMITED FINE AND / OR IMPRISONMENT.
Notes to Editors.
The order was made at Exeter County Court on 27th January 2011.
The Court Order under the Enterprise Act 2002 requires the Smalls (Jeff Snr, Jeff Jnr and Barbara), on all their parks, not to breach….
(1)….. The Consumer Protection from Unfair Trading Regulations 2008.
(2)….. Express and implied terms of consumers’ contracts (WRITTEN STATEMENT) under the Mobile Homes Act 1983;
(3)….. the Protection from Harassment Act 1997.
(4)….their duty of care to consumers under the law of tort, including negligence.
The parks owned by J&B Small park Homes / JBS Park Homes include….
* Battisford Park - Plympton.
* Beauford Park, Norton Fitzwarren, Taunton.
* Beechdown Park, Totnes Road, Paignton, Devon.
* Bickington Park, Barnstaple.
* Brookmeadow Park, High Street, Wroughton, Swindon.
* Broughton Park, Shoreditch, Taunton.
* Buckingham Orchard, Chudleigh Knighton.
* Byways Park, Strode Road, Clevedon, North Somerset.
* Green lane park Homes, Breinton, Hereford.
* Hillside Park, Totness Road, Paignton, Devon.
* Kingsway Park, Tower lane, Tower Road North, Warmley, Bristol.
* Newlands Park, Sidmouth Road, Aylesbeare, Devon.
* Old Down Park, Emborough, Bath.
* Planet Park, |Delabole, Cornwall.
* Ringswell Park, Middlemoor, Exeter.
* St Dominic Park, Harrowbarrow, Cornwall.
* Woodlands Park, Tedburn St Mary, Devon.
URGENT APPEAL FOR INFORMATION
TO ALL RESIDENTS OF THE PARKS LISTED ABOVE OWNED BY THE SMALL FAMILY.
All information received by PHRAA will be treated in STRICT CONFIDENCE Names and addresses will never ever be divulged to the park owners under any circumstances.
(1)……. \Are the homeowners able to sell their homes on the open market without interference from the park owners?
(2
) ……. Are Homeowners treated with courtesy and respect by the park owners.
(3)…… Are the parks maintained to a reasonable standard and are any repairs or maintenance carried out within a reasonable time of being bright to the site owners attention.
(4)…… Tell us your experiences of life good or bad on any of the parks owned by the Small family.
(5)….. Are pitch fees and other charges reasonable and any requests for increases conducted in compliance with the Mobile Homes Act 1983/2006.
(6)….. Any other information you think would be useful to PHRAA.
Please send your information either by Email at
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
, or Post to PHRAA. 5. Silver Poplars, Kingswood, Albrighton, Wolverhampton. WV7 3AP.
Thank you all.
REMEMBER ALL INFORMATION RECEIVED WILL BE TREATED IN STRICT CONFIDENCE.
Ron Joyce. General Secretary PHRAA October 2011.
Please look out for a future article featuring the description of park homeowners by Mr. David Osbourne, Legal Representative of the Smalls, contained within the above reproduced letter available to download shortly. Ron.
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