Home
PHRAA, Park Home Residents Action Alliance | Monday, 06 February 2012
Main Menu
Home
Buying a Park Home
Latest News
Warning Bulletins
Contact Us
Testimonials
Links
Search
FAQs
MEMBERSHIP FORM
Bequesting a Mobile Home in a Will
Petition to HM Government
Petition to HM government
Govt Fact Sheet Auh 09 Selling a Park Home
Govt Factsheet Aug 09 Pitch Fees & other payments to Park Owner
Govt Factsheet 09 Residents Rights & Obligations
Govt Factsheet Sept 09 Qualifying Residents Association QRA
Johnson's Journeys No 1
The Park Home Lifestyle (beyond Glossy Brochures)
The Park Home Lifestyle(Beyond Glossy Brochures)
Legal View No 6
Behind the Scenes
Where there's a will there's a way
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

==================================================

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.

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 
Statistics
Visitors: 381124
 
 
 
Warning Bulletin No 43 PDF Print E-mail
Written by Ron Joyce   
Tuesday, 20 January 2009
WARNING BULLETIN NO. 43.
99 Year lease on Holiday Lodge????

Lodging in a lodge on some else’s land; how does that grab you? We could all see the crunch coming; prices were way out of control - £300,000 for a wooden box on wheels…. Ah, but there are those of us that are also capable of turning a crisis into a goldmine. Target those who have so much money, they don’t need to tighten their belts. Better still, they’re less likely to question closely what’s on offer. Is this you? And how they entice them to part with loads of spare cash for a slightly different looking wooden box is to photograph a few in an idyllic woodland setting. But this time, plant the idea that these are now “second homes”. One up on the Jones’s - but will you be.

 

Unlike park homes, the advertisements yell out that if you buy a lodge, y7ou get a 99 year lease. Wow! Who’d have thought that wood would last that long nowadays? The first line of the last paragraph of Warning bulletin No. 42 should echo in your ears.

 

This industry survives because of their relatively regular desire to change the scenery around in which your second home no longer figures. Think about it; how could manufacturers prosper with replacements once a century? Traditional holiday/leisure homes have a confirmed life on their plot of a mere 10 years! Thereafter, the uncertainty sets in, dependant on stringent requirements or the whim of the landowner; hence my opening expression ‘lodging on the land’, as such. You will own the home, but no longer vbe master of your own land to do as you please.

 

Unlike your park home cousins, you have NO agreement that is linked to the Mobile Homes Act 1983/2006. No Act of Parliament protects you. Instead, guidelines from the industry’s trade organisations, who have also drawn up their own version of agreement, which must be thoroughly studied by an expert before proceeding. This alliance (PHRAA) many years ago sought to persuade the Government to include holiday caravan and lodge owners in the then forthcoming changes to the Mobile Homes Act. It was clear at the time that neither it, nor the industry hade any inclination to do so. It doesn’t take a genius to work out why. For a start, the landowner pockets a whopping 15% of the sale price if the wife doent like the location, the home or the neighbours…..!!

 

Needless to say that it’s not like buying the next BMW. That marque has a fine long established reputation to uphold. Unfortunately, in this sector there is much moving around of operators, some already within the park home industry. Particular attention should be paid to investigating their background; especially of company names, either through Companies House or other means by which you can satisfy yourselves that the glossy advertisements really do stand up to the reputation and claimed therein. After all, you don’t want to end up owning a third home - this time being rather forced upon you.

For those who successfully taken this route to a second home lifestyle, who would like to offer practical advice on how best to avoid the pitfalls, we shall be pleased to publish these in due course. Likewise, those who feel they have had an unfortunate experience, equally get in touch, in complete confidence.

 

Compiled by Colin Packman, President PHRAA Published January 2009.

 

Footnote. It is vital to any prospective park home, holiday caravan and lodge purchaser to be aware that most of these products only carry a 12 month manufactures guarantee which commences the moment the home is purchased on your behalf by the park owner. See elsewhere on this website. Ron General Secretary. PHRAA.

 

 

 
< Prev   Next >
 
   
     

 
 
© 2012 PHRAA, Park Home Residents Action Alliance
Joomla! is Free Software released under the GNU/GPL License.

Design & Hosting by D3 Developments | D3 Developments Web Directory