Criminal Or Civil Action
Legal avenues upon which Action, Criminal or Civil can be taken.
(Note: many will overlap i.e. criminal with civil evidence of one will help others)
CIVIL Mobile Homes Act 1983 as amended
Mobile Homes Act 2013
Unfair Contract Terms Act 1997
(1) Quiet Enjoyment
e.g. detrimentally effecting enjoyment of the property.
(2) Contract: Misrepresentation, Breach of Contractual Terms.
e.g. sale of home to current owner not reaching stated quality etc; failure to complete purchase.
e.g. unwarranted intrusion into the home – note that the Written Statement permits the park owner ‘reasonable access to the pitch BUT NOT THE HOME
(4) Protection from Harassment – S.3 – Civil remedy
if criminal harassment is proven, damages can be sought from the civil courts
(5) Private & Public Nuisance/Malice
e.g. continuing disruption to the site effecting occupiers infringement of a right.
(6) Sale of Goods and Services Act 1982
(1) s.3 Caravan Sites Act 1968 Amended by Mobile Homes Act 2013
harassment; acts resulting in occupier abandoning caravan
(2) Protection from Harassment – Criminal remedy
both against individuals and groups of two or more persons
(3) Common assault/battery – S.39 Criminal Justice Act 1988 or S.18/20 OAPA
fear of or actual violence causing physical or mental injury
actual bodily harm
(5) Criminal Damage
threats to do so or actual damage to property
(6) Criminal Deception
e.g where a park owner pays off a home owner for little money on the pretence of removing the home from the park but then sell same home at a much higher price
(7) Likely Attempt/Conspiracy/Accomplices (to a crime)
could be any person assisting a park owner in a crime
(8) Malicious Communications Act 1988
any message which causes distress or anxiety – ‘we are going to have your home off the park’
dealing with property belonging to another as only the real owner should
(10) Criminal Justice & Public Order Act 1994
(11) Criminal Justice & Police Act 2001
(12) Public Order Act 1986
(13) Crime and Disorder Act 1998
(14) Fraud Act 2006