“WHERE THERE’S A WILL THERE’S A WAY”
PHRAA REPORT AND COMMENTS ON RECENT COURT ORDER IS AGREED BY PARK HOME OWNERS. Taken from a report dated February 9th 2011.
Elderly residents of a park home site in Exeter have welcomed a court order issued to its owners.
A family which operates park/mobile home sites in both North and South East Cornwall has agreed to trade lawfully after a court cases brought by Cornwall Council’s Trading Standards’ Team.
Jeffrey Small (Senior), his wife Barbra Small and son Jeffrey Small (junior) from Taunton, have all consented to court order under the Enterprise Act 2002 requiring them to comply with consumer protection legislation.
The Small family have been operating park/mobile home sites 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.
Currently owning and operating more than 20 Park Home Sites from Cornwall through to Hereford including Planet Park at Delabole, St. Dominics Park, near Callingington in Cornwall and Ringwell Park, Exeter, housing several thousand residents who are generally of retirement age.
“ Trading Standards became aware of consumer issues at a park at Harrowbarrow in Cornwall after receiving a number of complaints from residents”, said Martin Fisher of Trading Standards.
“Following further investigation and contact with the Smalls’ legal representative, we decided it was necessary to take court action.
“ The 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 with residents at their park/mobile home sites, harass another person contrary to the Protection of 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/mobile home sites,” added Lance Kennedy, Cabinet 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 a CONTEMPT OF COURT which could bring a maximum penalty of an UNLIMITED FINE and/or IMPRISONMENT.
THE ORDER WAS MADE AT EXETER COUNTY COURT ON JANUARY 27th 2011.
_____________________________
Great result and a just reward for all the hard work by Cornwall Council’s Trading Standards Officers. PHRAA congratulates all those involved especially the residents of the park concerned for having the guts to stand up and be counted. To quote one well known phrase, “One small step for mankind” (Park Homeowners) Lets hope others follow and build upon this success.
However, whilst researching material for this article I was concerned to find that this was not the first time this company has been prosecuted for very similar breaches of Site Licence Regulations again at Exeter County Court as the following report on an earlier case which took place in July 2009, by J Fletcher, Reporter for the Echo exposes……..
“EXETER Park Owners fined £10,000.
“The family that owns a residential park in the city (Exeter) have been fined and ordered to pay costs amounting to almost £10,000.
Elderly residents of Ringswell Park….. Have welcomed the penalties imposed on the Small Family.
And following the case at Exeter Magistrates Court, a Solicitor revealed she will be recommending the city council revoke the park’s licence under the Caravan Sites and Control of Development Act.
Magistrates dealt with the case in the absence of Jeffrey Small, 57, his wife Barbara and their son Jeffrey, 36, and no plea was entered.
Court Summonses were4 served at the family’s home at Midelney Place, Curry Rivel, near Langport, in Somerset, but returned to the city council claiming it was not their address.
The case was adjourned from June 29th 2009 when the Smalls were again absent from court to answer counts of failing to comply with a condition of a caravan site licence, failing to comply with requirements of a notice served by the council and failing to carry out works required.
Elaine Kate, representing the city council, said the Smalls had not repaired a blocked sewer pipe which caused flooding at Ringswell Park, despite requests by the city council.
Signage which should have included details like a Site Plan, contact information of the owners or what to do in an emergency, was also absent.
Miss Kate said that during a visit to the Smalls a council officer was told they were out for two hours.
She said park residents complained about the sewer to the council and checks with cameras revealed they were blocked.
“The sewer pipe was still holding water and solids and no work carried out” she said. “It still has not been carried out”.
Small senior and junior were fined £1,200 on each of three summonses. The mother was fined £800 apiece on the same number of summonses.
Each was also ordered to pay £109.58 in costs.
Miss Kate said “I will be recommending to the city council their licence for Ringswell be revoked.
Some residents of the park have welcomed the fines and said their Residents’ Association had constantly asked the owners to carry out the work.
After the case one resident, who asked not to be named, said: We are all overjoyed with the outcome of the court case.
“If maintenance work is carried out here then a lot of people would be made very happy.” …..”
---------------------------------------------------------------------------------------------------------Just goes to show how this particular park owner respects the law. It has taken two separate prosecutions by the same local authority resulting in what would appear to be a substantial fine, but is in effect very likely to amount to no more than a bit of pocket money used as beer money. It should also be noted that such is their contempt for the law, they did not even bother to turn up for the hearing.
With this prime example of this park owners attitude to the law and those charged with its enforcement DOES THIS GOVERNMENT SERIOUSLY EXPECT THESE SAME PARK OWNERS TO ABIDE OR RESPECT DECISIONS MADE BY THE PROPOSED REGIONAL PROPERTY TRIBUNAL SERVICES WHEN, OR IF, IT IS EVER EVENTUALLY INTRODUCED THAT IS. I THINK THE WELL KNOWN ADAGE “LIVING IN CLOUD CUCKOO LAND” IS MORE THAN APPROPRIATE DON’T YOU????
Produced for PHRAA by Ron Joyce, General Secretary. March 2011.
|
Where there's a will there's a way 
