Extracted from website www.jbsresidents.co.uk
ALMOST THE END OF ANOTHER RIP-OFF
PRIVATE SEWERAGE CHARGES
...
Our position has always been that the use by some site owners of a local Water company`s formula for the charging of private sewerage services has been without legal basis. We have consistently argued there was neither legal nor contractual basis to such imposed charges. And at the Appeal by Messrs Smalls heard at Exeter County Court on 14th September 2012, the Judge has effectively agreed this position.
Messrs Smalls had appealed their right in a case defended in person by Tony Turner in a Claim brought by Messrs Smalls against himself and his partner, but the Judge viewed the use (in this case of the SWW formula) as resulting in charges that were indeed excessive and acknowledged that Messrs Smalls argument that they were entitled to make a profit was contrary to the Terms of the Mobile Homes Act..
This outcome, when finalised, will affect ALL residents of residential Mobile Homes throughout the UK.
The case is not yet over, with a final one day hearing listed mid-November 2012, The Judge has directed that Messrs Smalls are to provide evidence of their costs and correctly and astutely stated that since a final decision against what may be charged to home-owners will likely be regarded as a template, The judge stated that this has to be right and we will now be undertaking research by agreement with the Judge to establish a charge or formula that is fair and equitable for all residents, The results will be provided to the Court by written submissions.
This outcome has vindicated the long-term position of our Association and the efforts that have been invested in dealing with what have been regarded as unreasonable and unlawful charges. That this issue ( which has never previously been tested in a County Court ) is to now be resolved and the final formula potentially written Into the Mobile Homes Act will provide reassurances and stability to all park home owners throughout the UK, who will in the future be protected from these exploitative charges. Residents at all of Messrs Smalls sites affected by these historical charges will also be seeking recovery of all past imposed charges based upon the SWW formula.
Although there is one more hearing to go, the outcome underlines the importance of making effective challenges against imposed charges - and that regardless of the site owners reliances upon their Barrister to argue on their behalf that such charges are lawful, such challenges can indeed succeed.
So, another rip-off will soon be stripped away from unscrupulous site owners and with it the illicit profits they thought would continue forever.
ALMOST THE END OF ANOTHER RIP-OFF
PRIVATE SEWERAGE CHARGES
...
Our position has always been that the use by some site owners of a local Water company`s formula for the charging of private sewerage services has been without legal basis. We have consistently argued there was neither legal nor contractual basis to such imposed charges. And at the Appeal by Messrs Smalls heard at Exeter County Court on 14th September 2012, the Judge has effectively agreed this position.
Messrs Smalls had appealed their right in a case defended in person by Tony Turner in a Claim brought by Messrs Smalls against himself and his partner, but the Judge viewed the use (in this case of the SWW formula) as resulting in charges that were indeed excessive and acknowledged that Messrs Smalls argument that they were entitled to make a profit was contrary to the Terms of the Mobile Homes Act..
This outcome, when finalised, will affect ALL residents of residential Mobile Homes throughout the UK.
The case is not yet over, with a final one day hearing listed mid-November 2012, The Judge has directed that Messrs Smalls are to provide evidence of their costs and correctly and astutely stated that since a final decision against what may be charged to home-owners will likely be regarded as a template, The judge stated that this has to be right and we will now be undertaking research by agreement with the Judge to establish a charge or formula that is fair and equitable for all residents, The results will be provided to the Court by written submissions.
This outcome has vindicated the long-term position of our Association and the efforts that have been invested in dealing with what have been regarded as unreasonable and unlawful charges. That this issue ( which has never previously been tested in a County Court ) is to now be resolved and the final formula potentially written Into the Mobile Homes Act will provide reassurances and stability to all park home owners throughout the UK, who will in the future be protected from these exploitative charges. Residents at all of Messrs Smalls sites affected by these historical charges will also be seeking recovery of all past imposed charges based upon the SWW formula.
Although there is one more hearing to go, the outcome underlines the importance of making effective challenges against imposed charges - and that regardless of the site owners reliances upon their Barrister to argue on their behalf that such charges are lawful, such challenges can indeed succeed.
So, another rip-off will soon be stripped away from unscrupulous site owners and with it the illicit profits they thought would continue forever.
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