Following recent media scrutiny of poor practice in some UK holiday park and caravan park sales operations, successful legal action has been taken in UK courts. In a number of cases, operators have been penalised for unfair conduct. Read on to see whether any of the common issues below match your experience.
Holiday park and caravan park sales under the spotlight
The BBC’s hard-hitting Panorama programme, alongside coverage from The Sun and the Daily Mail, has reported on disturbing and predatory sales tactics that have harmed holiday park buyers and static home owners. For some, the losses involved have been significant and even life-changing.
Consumer firm European Consumer Claims (ECC) has recently set out plans to push back against rogue park operators.
So, on what grounds have claims been successful so far?
Unfair fees and charges
Owners and residents have challenged excessive, unexpected or poorly justified fees, as well as general charges imposed by site operators.
Emma and James Richardson, for example, told the Daily Mail they were paying over £1,000 a month in compulsory fees, leaving them with less than £200 even when they managed to rent out their unit.
Courts and tribunals have ruled in favour of consumers where major fee increases were unjustified or improperly documented. In some cases, operators have been ordered to roll back charges or issue refunds.
Misrepresentation and unfair sales practices
Successful cases have also been brought against holiday park operators for misleading sales pitches and unfair selling behaviour.
Mike Chesworth reports being promised by Wyre Country Park sales staff that he could retire and live permanently at the Lancashire property. He later discovered the park only had a holiday licence, meaning the couple could be asked to leave at any time.
More broadly, a range of complaints and claims have involved misleading statements or aggressive sales tactics at caravan sites and holiday parks.
As in Mr Chesworth’s example, some buyers say they were led to believe they were purchasing a permanent home, only to find they had bought holiday accommodation and could not lawfully live in the unit all year round.
Where it has been shown that false or deceptive information was used to secure a sale, courts have found for consumers. Refunds and, in some cases, financial compensation have been awarded.
Unfair contract terms
Many owners have relied on the Consumer Rights Act 2015 to argue that terms in contracts for a holiday unit or static home are unfair.
Problems can arise where terms restrict basic rights or lock buyers into costly add-ons (for example, the Richardsons say they were forced to use expensive on-park services such as linen changes and cleaning), or where contracts impose disproportionate restrictions such as requiring an owner to sell or remove their caravan after 10 years, regardless of condition.
Where terms have been found to be unfair, park operators have been ordered to revise contracts to remove them or to provide owners with reasonable flexibility.
Harassment and unfair eviction attempts
UK courts have also punished bullying and intimidation by site owners aimed at forcing consumers into a new, unfavourable agreement—or off their pitch altogether—when done for the operator’s benefit.
Chalet owners at Redgate Holiday Park in Ayrshire have reportedly banded together after being told their decades-long chalet ownerships will end within the next three years, following a unilateral decision by park management to replace chalets with new static caravans.
The Mobile Homes Act 2013 gives stronger protection to many residents against unjustified eviction and provides greater security of tenure.
Where eviction attempts have been unlawful, courts have rejected them and damages have been awarded.
Health and safety standards breaches
Where holiday parks have failed to meet legal health and safety standards, courts have issued fines or ordered remedial action. One family described their visit to Cowden Holiday Park as “the holiday park from hell”, citing what they considered severe health and safety problems.
Holiday parks can collect substantial annual fees. Where standards have not been met, the allegation is often that corners were cut to maximise profit—such as inadequate sanitation or other hazardous conditions on site.
Cases like these can compel parks to invest appropriately in maintenance and safety. They also reinforce consumer rights and help hold operators to fair practices and acceptable standards.
Had a 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 experienced consumer specialist solicitors including Pinder Reaux and M1 Law.
Get in touch with our team today to see how we can help you.
