Home arrow Warning Bulletins arrow Warning Bulletin No 12 BUYING A NEW PARK HOME? BEWARE OF PHANTOM PRICE RISES.
PHRAA, Park Home Residents Action Alliance | Monday, 06 February 2012
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Newsflash

RONS RUMINATIONS.

Exposing the “ONE VOTE PER HOME” Con Trick.

PARK OWNERS CAN’T HAVE IT BOTH WAYS,

CAN THEY????? .

YES, Thanks to the recent decision in the PRESTON COURT OF APPEAL on 23rd November 2010 using the industry biased 2006 amendments To the MOBILE HOMES ACT 1983 against innocent and vulnerable Park Home owners, park owners can now legally have it both ways.!!!!

I refer of course to one particular and, as in this case, abuse of a clause contained within the strict terms and conditions introduced by Government which by law have to be conformed with by the park residents in order that their proposed parks Residents Association be recognised by the Park Owner. (See Government Park Homes Fact Sheet “Qualifying Residents Association” available from Department of Communities.) a minimum of 50% of residents must be registered members and for the purpose of voting only ONE VOTE PER HOME is allowed. This is taken from the first name on the Agreement, usually the male.

For the purposes of this article I will highlight the offending clause which in PHRAA’s view (which contrary to the other two National Park Home Residents Associations and trade organisations all of which fully support this clause,, PHRAA continues to publicly condemn on the PHRAA website and elsewhere ) blatantly discriminates against Park Homeowners wives or partners by denying them, by law, the right to vote on all matters and decisions directly affecting the quality of their park home lifestyle, including pitch fee increases, proposed park rule changes etc. In short this clause effectively means that if wives or partners disagree with decisions affecting their lifestyle, then thanks to the ACT, they are required to ‘put up and shut up’!!!! Only in the Park Home industry would this outrageous practice, which amounts to an insult to women, be tolerated by authority, let alone Government approved. I should add that written complaints on this subject to Harriet Harman, (the then Minister for Women who still continues to champion women’s equality rights,) both by PHRAA and MP’s remain unanswered to this day. Mrs. Emily Pankhurst and supporters who bravely fought and sacrificed so much to achieve the right of all women to the Vote must be turning in her grave. I am sure that Mrs. Pankhurst did not fight for the vote for all women with the particular exception of those living on park home sites????

Although the park owners, government, the park home industry trade organisations and their very “clever” and influential legal teams and not forgetting the total support for the inclusion in the legislation of this discriminatory clause demonstrated by the other two National Park Home Residents Advisory Associations, will I am sure be very proud of their victory regarding this clause, but unfortunately for many park home owners, this law only applies one way. This is when, (Yes you’ve guessed it) it benefits only the park owner as 65 devastated residents of Carr Bridge Park, Blackpool found to their cost following an Appeal Court Hearing held at Preston Court Lancashire on 23 rd November 2010.

For the purpose of this article I need not go into the details of the case here as a full report will be available shortly on the PHRAA Website

Although the Mobile Home Act dictates that only one vote per home is allowed when decisions are made. As mentioned earlier this is stated to be the first name on the Agreement (contract) which is usually the male. However as recent events have proved beyond doubt when the park owner GREEN TREE PARKS Ltd and his very “clever” legal team TOZERS of Exeter represented by Mr. Leslie Bloem QC, undertake Court Action against a group of his residents who have exercised their right under the MHAct by actually daring to question his recently imposed extra charges, as if by magic the interpretation of this rule abruptly changes. SURPRISE, SURPRISE, THE SUMMONSES TO APPEAR IN COURT ARE SERVED ON EACH INDIVIDUAL OCCUPIER OF THE HOUSEHOLD CONCERNED. This means that if there are two or more occupiers eg., Husband and Wife then two or more, entirely separate but identical, sets of Court Papers are issued to that household. When as in this case there were 40 households involved it amounted to a nice little earner for the Solicitor eh?? But obviously extremely intimidating for the terrified elderly residents on the receiving end of this outrageous but legalised racket. How’s this for a legalised racking up of legal charges. Just imagine the rumpus if a residents solicitor were to try the same trick on a park owner???

So please would someone in Authority explain to PHRAA and every Park Home Owner in the Country how it is that PARK HOME RESIDENTS APPEAR TO BE IN THE UNIQUE POSITION OF BEING HAULED OFF TO COURT ACCUSED OF A CRIME THAT THEY COULD NOT POSSIBLY BE DEEMED GUILTY OF ON THE GROUNDS THAT AS THEIR NAMES ARE NOT THE FIRST TO APPEAR ON THE AGREEMENT RESULTING IN THEIR BEING BANNED BY LAW FROM LEGALLY HAVING ANY SAY IN MATTERS AFFECTING THEIR WELFARE?????? In other words how can wives and partners etc permanently occupying the park/mobile home with the registered homeowner be prosecuted for an alleged breach of a contract in which they are officially banned, by law, from having any say or input.

But it seems every thing is possible when it involves a Park homeowner.

AS I SAID AT THE START SURELY THEY (PARK OWNERS) CANNOT HAVE IT BOTH WAYS.

BUT OF COURSE THE LAW IS DIFFERENT FOR US PARK HOME OWNERS, or perhaps I should say SECOND CLASS CITIZENS. WE ARE EXPECTED TO COMPLY WITHOUT QUESTION TO THE LAW AS DICTATED BY THE ALMIGHTY PARK HOME INDUSTRY.

I should also point out to our readers that PHRAA fought tooth and nail against the “One Home One Vote” clause at the consultation meetings we attended in London. This proved to be a very unpopular stance to take with the DCLG Ministers etc, the Trade organisations, and the other two National Residents Associations and resulted in PHRAA being banned from future meetings in a concerted bid to silence PHRAA which remains the only National Park Home Residents Association with the guts to “TELL IT AS IT IS” Some two or so years ago our President Colin Packman was graciously granted an audience with the great Robert Shceoch Advisor to the Government on Park Home Policy at the DCLG with a view to getting this unofficial ban lifted. He was told that the ban would be lifted immediately providing PHRAA agreed to toe the official line. This interprets as the line as dictated by the Park Owners Trade Associations supported by the other National Park Home Residents Associations and continues to be adopted by Government. NEEDLESS TO SAY PHRAA DECLINED THIS “OFFER” ON THE GROUNDS THAT WE WILL NOT BE SILENCED AND WILL CONTINUE AT EVERY OPPORTUNITY TO EXPOSE THE EXPLOITATION SUFFERED EVERY DAY BY THOUSANDS OF VULNERABLE PARK HOME OWNER CAPTIVE VICTIMS AT THE HANDS OF THE EVER GROWING NUMBERS OF UNSCRUPULOUS THAT NOT ONLY INFEST THE RESIDENTIAL PARK HOME RESIDENTS, BUT ALSO HOLIDAY CARAVAN AND CHALET OWNERS who despite being the customers of a £6 Billion industry (figures supplied by Mr. Scheoch DCLG) have even less protection than us Residential Park Home owners.

UPDATE……

Since completing the above article PHRAA has unearthed further information in the form of a reply to a FREEDOM OF INFORMATION ACT 2000 PHRAA request to the PARK HOMES POLICY TEAM at the Department of Communities and Local Government (DCLG) . Although the reply did not answer the actual query raised, it did coincidentally, contain the following revelation as to the identity of the organisations directly responsible for the Governments introduction of the “ONE HOME ONE VOTE” clause so despised by many park home residents especially those wives and partners denied a vote on matters of direct effect on their welfare and park home lifestyle. The following is a direct quote from this letter dated 23rd June 2011.

“ ………..The contact details you refer to only seem to appear in the Department’s Park Home Factsheet on ’QUALIFYING RESIDENTS ASSOCIATIONS. That document contains the contact details of the two (national park home residents) organisations mentioned (IPHAS & NAPHR) together with the two industry representative groups (BH&HPA and NPHC) BECAUSE, BETWEEN THEM, THEY HAVE AGREED A MODEL TEMPLATE FOR THE CONSTITUTION OF A QUALIFYING RESIDENTS ASSOCIATION. “

I leave long suffering park owners to form their own conclusions on the above revelation, but it makes you wonder whose side certain others are on????

Compiled for the PHRAA Website by Ron Joyce. General Secretary. PHRAA.

JULY 2011

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PS. I perhaps should apologise to Mr. Scheoch and Mr. Bloem QC for not spelling their names properly, but as I have absolutely no respect for either of them in their dealings with elderly and vulnerable park homeowners, I could not be bothered to look up the correct spelling. However if they are offended, they can always sue me. Not that they would get anything if they did as they have already had over ten years of my life spent fighting for park homeowners rights to a FAIR DEAL.. My home is worthless because our PARK OWNER,, in common with all the other UPO’s, stops me selling. Because of this I and thousands of other helpless PHO are prisoners in the concentration camps known as park home sites. They have everything now, there is only my blood left. Do they want this as well.? ONE THING IS CERTAIN “COUNT DRACULA” AND HIS CRONIES ARE ALIVE AND PROSPERING, reincarnated as UNSCRUPULOUS PARK OWNERS thriving on the never ending supply unsuspecting, innocent PARK HOMEOWNERS. RON.

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Warning Bulletin No 12 BUYING A NEW PARK HOME? BEWARE OF PHANTOM PRICE RISES. PDF Print E-mail
Written by Ron Joyce   
Tuesday, 23 October 2007
WARNING BULLETIN No. 12.

BUYING A NEW PARK HOME? BEWARE OF PHANTOM PRICE RISES.

Buying a Park Home is usually the biggest investment you will make in your lifetime. Not only a major financial investment you must also carefully consider the fact that you are investing your future life and happiness into a lifestyle, which for most is a leap into the unknown, very easy to enter, but can be extremely difficult, stressful and certainly very costly to leave.

When you have sold your home, having decided on the park home which suits you, (See also step by step “PHRAA GUIDE TO BUYING A PARK HOME” freely available on this Website) and assuming that up to now everything has gone smoothly, the day has come when you arrive on the park, complete with your possessions,  to move into your new park home. Unless you have already paid the full agreed price for the home prior to the moving in date, this is usually the time you pay the park owner the balance of the agreed price.

It is now that you may be in for the biggest shock of your life. The Park Owner will appear, just as you are going to unload your possessions into the home,  demanding an extra X number of thousands of pounds, (£5,000, £10,000 or even more is common) claiming that the manufacturer has increased the price of the home or some other reason or another, and you must pay him (the park owner) the extra there and then, or else he will not allow you move in.

So what do you so now?  You are stuck in the position of being stranded outside the park home along with all your worldly goods. You have also sold and moved out of your previous home so have nowhere else to go,  and the park owner will not let you occupy your new home, holding you to ransom unless you submit to his demands. Even though you have already paid him the agreed full price, he has you over a barrel. He knows you are homeless with no where else to go.

Unfortunately most placed in this situation are forced to pay the extra. Some have even been forced to take out loans as they have already used every penny of their life savings to buy the home of their dreams.

It is vitally important that anyone buying a park home is aware that the procedure for buying a park home is totally different to that used when buying conventional housing. A park home (mobile home, officially classed as a caravan,  See Warning Bulletin No. 11) is  CHATTEL and purchased in exactly the same way as a car or a TV. But unfortunately unlike buying a car or TV if something goes wrong or you don’t like it, you cant take it back and/or get a full refund. Nor is it any good, because it is a residential dwelling, approaching Trading Standards for help.

In order to try and avoid finding yourself in a similar situation it is crucial that you insist that every stage of the buying process is conducted in WRITING. The final sited price for the home is agreed prior to purchase and stated in WRITING on an officially headed  contract. (Do not accept verbal quotations or estimated costs)  Obtain in WRITING a detailed list of all works such as landscaping of the plot (pitch), sheds, driveways, etc that are included in the final price.  Obtain official receipts for any monies paid in advance such as a deposit. DO NOT ACCEPT OR ENTER INTO ANY VERBAL AGREEMENTS however trust worthy the park owner may appear. GET EVERYTHING IN WRITING, DON’T BE RUSHED, SCRUTINISE EVERY DOCUMENT CAREFULLY BEFORE SIGNING.

If you should find yourself being “blackmailed” in this manner by the park owner or his agent then call the Police immediately.  Explain to them what the park owner is demanding and produce the relevant documentation to support your case. Above all, do not pay or agree to pay any extra money over and above that already previous agreed.

If you have become a victim of this widely used scam especially where the park owner has claimed that the homes manufacturer has increased the price,  it is a simple matter to check up for yourself by contacting the manufacturer concerned, giving the name, model and serial number of the home, obtainable from the documentation and/or the identification plate on the home.   If having checked you find the claim to be false then take steps to recover your money by taking your case to the County Court, Small Claims Court for amounts up to £5,000.

If you have been a victim please let PHRAA know with full details. All information treated in confidence.

Compiled for PHRAA by Ron Joyce. General Secretary. PHRAA.       May 2007

Last Updated ( Saturday, 17 November 2007 )
 
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