The majority of licence agreements do not state a specific price for, or the method that will be used to effect the disconnection of a caravan from its pitch, in preparation for its removal from the park. 

 

Some park operators charge a reasonable price, circa £600, whilst others charge upwards of £5k. The significant difference tells you that something is a miss, as generally the real costs associated with the necessary work is comparable across all operators. 

 

So why do some charge £5k or more? Well, simply to block your ability to remove the van from the park, forcing you to hand it back to them for free so that they can sell it at a vastly marked up price to their next victim. 

 

HPAG is aware of cases which appear to show that this issue is  particularly prevalent across parks operated in the North West of England/Wales. We know who the operators are. However owners should look to sec 51 of the the Consumer Rights Act 2015 for their rights which states;

 

51 Reasonable price to be paid for a service

(1)This section applies to a contract to supply a service if—

(a)the consumer has not paid a price or other consideration for the service,

(b)the contract does not expressly fix a price or other consideration, and does not say how it is to be fixed, and

(c)anything that is to be treated under section 50 as included in the contract does not fix a price or other consideration either.

(2)In that case the contract is to be treated as including a term that the consumer must pay a reasonable price for the service, and no more.

(3)What is a reasonable price is a question of fact.

 

So what is a reasonable price to be paid?

That depends on the work that is required to be carried out. If most operators charge circa £600 then that appears to be a reasonable price for a simple disconnection. Firstly the owner will have been told to remove all personal belongings from the van and to secure movable objects/furniture inside the van; so taping cupboard doors closed etc. A simple disconnection then involves the ‘unplugging’ of the electric cable from the meter (easy). Removal of the gas bottles from the pigtails (easy) The disconnection of mains water by switching the tap off and disconnecting the plastic feed pipe (easy). The disconnection of sewage pipes from the van simply by pulling them apart by hand and either laying the plastic pipes on the pitch floor, or disconnecting them from the main sewage pipe on the pitch and removing the plastic pipes to the side of the pitch (easy). Lowering the van onto the floor requires trained staff but is relatively straightforward for those with experience. It involves raising the van at one end so that the breeze blocks can be removed from under the chassis near the wheels, removing all the jacks from the chassis  jacking points then lowering the van onto its wheels. Then towing to the collection point. Trained and experienced staff could easily complete this process within 2 to 3 hrs. So in effect you are paying for 3 members of staff to work for up to 3 hours to fully disconnect and remove your van from its pitch, hence the cost is circa £600 across many large operators. Bear in mind that  park operators generally pay minimum wage to such staff. 

 

Most licence agreements have a term that says the park will match the price of any quotes you get if they are lower. That is simply to try and fend off your rights under section 51 CRA 2015, but the reality is; who is going to give you a quote for work they know the park will not allow them to carry out? They would be using their valuable time for no reason whatsoever.

 

Then there are the rogues, who don’t have such a term. and do not state a price for disconnection until they have fleeced you of everything and you decide to leave with your van. Then they hit you with the £5k charge and tell you to pay them £2k and to relinquish ownership of your van to them or they will keep your van on the park park and your bills will continue to mount. They will not allow any traders on park to carry out the removal or to give you a quote. This is extortion in the guise of business, but if you are wise you can demonstrate this to the courts.

 

So how do you demonstrate this? Firstly you evidence the fact that there are no terms that state the price for disconnection as per sec 51 CRA 2015, so the trader can only charge a reasonable fee. 

 

You take photos and video of the caravan on its pitch, ensuring you take photos of the electricity, gas, sewage and water connections. You take photos underneath your van to show how it is jacked up and what is involved in lowering it onto its wheels. Then you take photos and video of the routes the van would have to be towed along to show that towing is the most cost effective way of removing the van from the pitch to the point where it can be collected and taken from the park. Then you go on Google earth and screen shot the park showing your vans location and the route along which it would be towed. Then you approach up to 3 caravan transporting companies or traders who buy caravans, and ask them to provide you with a quote for the disconnection and removal based on your photos and videos, offering to pay for the quote even if they say the park operator will not allow them on the park. You ask them to put the quote in writing and if applicable the fact that  the park operator will not allow them on park. 

 

When you have got some quotes, then the average of them is the ‘reasonable price paid’ as a matter of fact, for the purposes of Sec 51 CRA 2015.

 

Often the rogue operators say they have to use a crane to deliberately delay the removal of the van and increase costs. If it is clear that a crane is not necessary to cost effectively remove the van then the courts will see that for what it is ‘extortion’. If no one will give you a quote and they say it is because they are not allowed on to the park then the court will see that for what it is, ‘extortion’. You could ask the court for permission, in the interest of justice, to have an independent assessor visit the park to confirm the work involved and the reasonable cost.

 

You have rights, and whilst it may prove frustrating and time consuming to enforce them, they are there written in black and white. You either pay circa £600 for disconnections  or you get ripped off and have to live with the knowledge that some cheating, scum bag park operator scammed you every step of the way, even right at the end, with a big fat smile on his face.

 

What would you do to wipe that smile clean off their face ! ?