Home arrow Warning Bulletins arrow WARNING BULLETIN No5 - Check Park Licence
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 No5 - Check Park Licence PDF Print E-mail
Written by Ron Joyce   
Monday, 02 April 2007

Before Buying a Park Home, Check Park Licence.

(See also “Guide to Buying a Park Home)

 

“Families Face Eviction Nightmare”

“Residents living in a caravan park face having their homes removed after it emerged they had been built without planning permission.”

 

“The four homes, in Highley Park, were built in open countryside, against planning law.

Bridgnorth District Council has refused a retrospective planning application and ordered the caravans be removed”.   BBC News.   16th February 2007. Note. Ref. The word Caravan.   All Park Homes, Lodges are officially classified as “Caravans” and the parks the homes are stationed on are “CARAVAN SITES.   See Caravan Sites Control of Development Act 1960/68. These poor people paid between £140,000 and £180,000 in good faith for their homes and now face not only being made homeless but also risk losing most of the money tied up in those homes.   To hopefully avoid the risk of a similar fate happening to you, please, BEFORE YOU PAY OUT ANY MONEY, Check the Site Licence as follows……

 

Before buying a park home, whether it is brand new and being purchased directly from a park owner, or a pre-owned home that is already stationed on a plot and being sold by its occupier, it is absolutely essential for your future welfare that you check out the type and validity of the current Licence,  issued by the Local Council to the owner/operator of that particular park the home is to be, (if not yet delivered and assembled) or is already stationed on.

 

This check on the Licence should be carried out before any money is paid by way of a deposit or any documentation signed. This is especially important as unlike buying a bricks and mortar house a park home is a CHATTEL and is purchased in exactly the same way as a car or TV. Again, unlike bricks and mortar the services of a Solicitor are not needed, although PHRAA would strongly recommend that any prospective buyer, in view of the vast sums of money involved, the fact that it will be your home for probably many years to come, and the vagaries of The Mobile Homes Act 1983/2006,  employ the services of a Solicitor with at least a working knowledge of Park Home Law, to oversee the transaction.  Much of the park home advertising states that a Solicitor is not needed and many park owners actively discourage their use, but for a degree of peace of mind, again bearing in mind the vast sums of your money involved, a few pounds spent on a solicitor to at least check over the Agreement (contract) before you part with any money,  could save heartache later. Alternatively you can contact PHRAA who will pleased to check the paperwork for you on receipt of copies.

 What every prospective park home buyer should know is that every park home or holiday lodge, however large, luxurious and expensive is in fact officially classed as a CARAVAN. Even the 60 feet x 20 feet £300, 000 most expensive home or lodge is still classed as two caravans joined together and the park its stationed on is a CARAVAN SITE,  which is strictly governed by the type of Planning Permission, Holiday or Residential, granted by the Local Council together with the Terms and Conditions of the Site Licence, issued to the park operator controlling its use. (Holiday or Residential) Caravan Sites Control of Development Act 1960.

As I have already mentioned whether the residential park home you are considering buying is brand new or has been on the park for many years, before you pay out any money, CHECK THAT THE PARK HAS A PERMANENT FULLY RESIDENTIAL LICENCE. (Protected Site).   This is done by visiting the Licensing Officer at the Environmental Department of the Local Council responsible for the area where the park is situated.  Ask to see a copy of the Licence and if possible obtain a copy, together with the attached Conditions. (there may be a small charge for copying). Ask questions including how often and when was the site last inspected by the Council. This is especially important if you are buying a home on a site that is clearly being re-developed, in that there may be more homes being installed than the number allowed as stated on the Licence, or as in the case at Highley, homes are being placed on land outside the approved boundaries of the park,  which does not have planning permission.

Other questions worth asking include… Have the Council received any complaints from residents regarding the owner of the park, and, are there any outstanding problems with the park owner regarding his compliance with the terms and conditions of that Licence?

Some Holiday only Licensed parks have 12 month a year Licence which may lead prospective buyers to believe that they can live there all the year round as their only and main residence. This is not so, it is still a holiday park and the homeowners have no protection whatsoever from the Mobile Homes Act 1983/2006, which only covers residential only parks. NEVER BUY A PARK HOME ON A HOLIDAY LICENSED SITE TO USE AS YOUR ONLY AND MAIN RESIDENCE.

Some parks are a mixture of holiday and residential homes. Make sure that the home you are thinking of buying is definitely on the residential part of the park.

Always check the Licence with the Local Council. Do not take the Park Owners word. It is so easy to be mesmerized by the beautifully  presented park home and the reassuring patter of the charming park owner.  Remember if you get it wrong and do not do all the necessary checks, it is you who will suffer, not the park owner. A few minutes spent checking before you commit to buying, could save months or even years of costly and traumatic Court Action later, as those unfortunate homeowners in Shropshire now face.

If you are still not sure as to which questions to ask of the Council, please take a copy of this warning bulletin with you.

If you wish any further information and/or have found yourself in a similar position please contact PHRAA. All information is treated in confidence.

                                                                      Ron Joyce. General Secretary.   PHRAA.

March 2007.

Last Updated ( Wednesday, 20 June 2007 )
 
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