Home arrow Warning Bulletins arrow WARNING BULLETIN No. 23 Electricity Charges: More shocks within "fairer" system.
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. 23 Electricity Charges: More shocks within "fairer" system. PDF Print E-mail
Written by Colin Packman   
Thursday, 11 October 2007

If it ain’t broke, don’t fix it’.  So why did Ofgem, the Office of Gas and Electricity Markets ( the regulator that doesn’t regulate the out of control charges for LPG- bottled gas – by the way) choose to interfere with the previously acceptable (to both sides) method of charging for electricity on park home sites?  It was a system that ensured fairness.  Maximum Resale Prices were published, and the park owner derived a “nice little earner” from the fact that he only to repay one service charge to his supplier, whilst collecting one from each resident.  This method ensured that no park homeowner should pay more that those outside the site.  Emphasis needs to be placed on the fact at this point that general maintenance of the electrical supply to each home is negligible after the initial installation, which is covered by the usually inflated siting fee.  The fact is, armoured cable will probably outlast the life of the home it serves, whilst meters are able to perform without attention in excess of 20 years.  Replacements are generally by reconditioned units costing a few pounds each.

With that in mind, newer residents will be shocked to learn that park owners demanded an immediate increase in pitch fees to ‘compensate’  for their loss of income; in some reported cases, this was in excess of £12 per month!  But the real culprits to blame were firstly OFGEM, who took it upon themselves to “consult”  - but at the total exclusion of the national residents associations!  It was only by sheer luck that someone within our midst discovered what was going on behind our backs – but too late to prevent the “rubber stamping” of what was to follow, that turned a fine scheme into a disaster for most residents.

To be fair at this point, it was claimed the idea was to allow homeowners to take advantage of lower prices, because of the competition between the various providers, that showed considerable differences in prices.  What Ofgem hadn’t grasped, it seemed, was the fact we, the residents, have no power in making a choice, as it is our landowner who holds the key to that right.  So the “pass through” system was born, where park owners were “not allowed to make a profit”.  The foregoing gives the main background to what has since become something of a minefield.

We’ve all heard of quantity discounts, and we see the “buy one get one free” and similar bulk purchase offers everywhere.  But are we really getting the benefits of bulk discounts from electricity suppliers?  Some will have you believe these don’t exist from power suppliers. But the competition is surely fierce out there in all forms of industry.  Neither you nor I know where our electricity is purchased from do we?  So how do we find out?  Will your park owner tell you?  Or does it remain the case that it’s “none of our b***** business”.

What I will tell you is how, at the very beginning, your park operators’ trade association compiled some “guidance” in booklet form, in October 2001.  This was helpfully peppered with Ofgem comments even though they had no official remit to do so!  Not surprising then to learn that this document was “not disclosed at the request of the copyright holder” along with three others, under the terms of the Freedom of Information Act. The ‘reason for nondisclosure’ was given as “ Commercial confidentiality”.  But in fact, before even before the formation of PHRAA and the FOI Act, a copy of this document had been circulated – by whom I have no idea, but whoever it was was obviously deeply concerned about some of its content which, according to one police source, was tantamount to fraud and deception on a considerable scale.

It is important to note that I personally took steps to bring this matter to the early attention of the government, Ofgem officials and the like.  You can guess the response. No action has been taken. Dependant on your position, you may need to question your park owner more closely; remembering that he could simply have “taken advice” from his trade association.  If enough people reading this complain, especially to their MP and CAB, Age Concern, Help the Aged, and the media, heads may begin to roll. Crucially, I don’t believe the terms “Copyright” and “Commercial Confidentiality” should be deliberately used in this manner to effectively prevent the general public from discovering the deliberate encouragement to a membership of an organisation to overcharge a mostly vulnerable and elderly group of homeowners, already suffering from inept legislation elsewhere.

Not only did the document suggest that simple matters like meter reading, could be charged at the rate of £30 per hour, the following suggestion is a clear encouragement to overcharge each time an electricity bill is sent out.  It states:

“ A PARK OWNER MIGHT MAINTAIN THAT THE COSTS OF ADMINISTERING A REFUND OF LESS THAN £5 WOULD BE UNREASONABLE. IS IT LIKELY THAT CIVIL ACTION WOULD BE TAKEN FOR A SUM OF LESS THAN £5?”

Given that the trade association’s solicitors were mentioned in the document, what does that tell you about them? If then the above is read in conjunction with a passage from another trade association document, this time acquired from Companies House files on the British Holiday & Home Parks Association Limited, and written by its current Director General who was awarded the MBE soon afterwards, states, amongst other disturbing remarks:

“WHERE IT IS NOT POSSIBLE TO AVOID THE INTRODUCTION OD REGULATION BH&HPA ENDEAVOURS TO ENSURE THAT…. IN ITS APPLICATION THAT ENFORCEMENT IS WITH THE LIGHTST POSSIBLE TOUCH”.   What ever its claimed purpose, this statement has been taken literately, demonstrated by the scant regard to any new or established rights for residents, by many of its membership.

The up to date position on a number of parks is worryingly similar in nature. A growing “lapse of memory” from those who actually pay the electricity bill our money, is that they “didn’t realise” that electricity prices had risen.  Is this also, one wonders, another opportunity to claim that, as above “A Park Owner might maintain that, with the burden of business, it is unreasonable to expect him to keep an eye on rising prices?  And lets not forget, “such stress” could also cause his calculations of all that money you “owe” to be somewhat wide of the mark?  Have such people never heard of a credit note? Or capable of deducting the offending sum from the next bill?

As I write, people are being asked to pay seven quid to paddle around the National Park Homes Show, the main object of which is to take up to £300,000 of your money for their homes you step inside.  What other form of property sales charge you to enter a show home?  That has to be example of many that illustrate how no opportunity is lost in extracting cash from you.  I once jokingly remarked their motto was “DRAIN EM DRY BEFORE THEY DIE”  its not funny anymore.

Compiled for PHRAA by Colin Packman. President.                             July 2007.

Last Updated ( Tuesday, 30 October 2007 )
 
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