Following the recent media attention on errant UK holiday park sales operations, we can report that successful actions have been taken in UK courts. These businesses have been legally penalised for various issues. Read on to see if any of these apply to you:
Holiday park/caravan park media storm
The BBC’s hard hitting Panorama show, as well as The Sun and Daily Mail have all published reports on the disturbing, predatory sales tactics employed to the detriment of holiday park and static home buyers. Many of these victims lost significant and even life changing amounts of money.
Consumer firm European Consumer Claims (ECC) recently unveiled their plans to fight back against the rogue park operators.
But what on grounds have cases been won so far?
Unfair Fees and Charges
Residents have challenged excessive or unjustified fees and general charges that site operators imposed on them.
Emma and James Richardson, for example, had reported to the Daily Mail that they were paying over £1000 a month in obligatory fees, leaving them with less than £200, even when they did manage to rent our their unit.
Courts and tribunals have ruled in favour of plaintiffs when expensive fees were either unjustified or incorrectly documented. The site operators have been ordered to roll back charges or refund altogether
Misrepresentation and/or unfair sales practices
Various cases have successfully been brought against site operators of holiday parks for deceptive sales overtures.
Mike Chesworth reports being promised by Wyre Country Park sales staff that he could retire and live permanently in the Lancashire property. However he subsequently discovered that the park only had a holiday licence and the couple could be evicted at any time.
Many cases have been brought against holiday parks or caravan sites for misleading or aggressive sales practices.
As in Mr Chesworth’s example, people have been told that they were buying permanent residences, only to later discover they had actually bought holiday accommodation and could not live in the unit year-round.
Courts have ruled for consumers when it was demonstrated that false or deceptive information was provided in order to encourage a sale. Refunds and even financial compensation has been awarded.
Unfair contracts
Many consumers have utilised the 2015 Consumer Rights Act to argue that the contract terms under which they bought their holiday unit or static home were unfair. Aggravating factors were when they limited rights (such as the Richardsons being forced to use expensive park services like linin changes and cleaning) or placed excessive restrictions such as forcing an owner to sell or remove their caravan after 10 years, regardless of how well maintained it is.
Park operators have been ordered to revise their contracts to remove such terms as were found to be unfair, or to grant owners acceptable flexibility.
Harassment and unfair evictions
Bullying and intimidation by site owners to either force consumers into a new and unfavourable agreement, or even off their pitch entirely for reasons beneficial to the owners have been punished by UK courts.
These Chalet owners at Redgate Holiday Park in Ayrshire have banded together to complain that they have all been told that their decades long chalet ownerships will come to an end in the next 3 years as the park managers have made the unilateral decision to replace their beloved chalets with new static caravans.
The 2013 Mobile Homes Act protects more residents more robustly from spurious evictions and allows them security in their ownerships.
Unlawful eviction attempts have been rejected by courts and financial compensation awarded as damages.
Health and Safety Standards Violations
In cases where holiday parks have failed to meet legal health and safety standards courts have handed down fines or ordered action to correct the situation. This family described their visit to Cowden Holiday Park as “the holiday park from hell” due to what they saw as severe health and safety violations.
Parks receive significant money in annual fees, and generally where such standards have not been met, the accusation has been that the only reason is to maximise profit. Examples have been inadequate sanitation or hazardous conditions onsite.
Cases such as these force parks to spend appropriate amounts of their profits on maintaining standards. This reinforces consumer rights and holds park operators accountable to fair practices and acceptable standards.
Bad holiday park or static home experience?
“To paraphrase the old engineering motto: ‘if it feels unfair, it probably is’,” says Greg Wilson, CEO of European Consumer Claims.
“As human beings we instinctively know when we have been treated unfairly. But we don’t always know what to do about it.
“That is where ECC can help.
“We do know what to do about it.”
ECC has been achieving redress and financial compensation for wronged consumers since 2016 and works with highly experienced consumer specialist solicitors such as Pinder Reaux and M1 Law.
Get in touch with our team today, to see how we can help you.
