You will no doubt have read Martin Lewis’s comments earlier this week relating to claims for refunds from caravan parks.
These communications included a reference to ‘frustration’ of the park contract.
NH&HPA immediately contacted Martin Lewis’s office and explained:
“Your specialist in consumer law refers to the doctrine of ‘frustration’ which carries unwanted and potentially unintended consequences for both the caravan owner and park owner.
NH&HPA believes that If ‘frustration’ were successfully claimed, the park owner would no longer be contractually obliged to perform any of the duties arising under the contract and the contract would terminate immediately .
The caravan owner would have no right to keep their caravan on the site and the park owner could arrange for the caravan to be disconnection from the park.
NH&HPA are fully aware that caravan owners do not want to leave their parks, and park owners are eager to continue to support their customers during this difficult period.
In the meantime the pitch fees are still due.”
Since our communication Martin Lewis’s position appears to have softened and we have thanked him for listening to us and for posting his update.
The communications with Martin Lewis followed quick on the heals of our contact with Simon Calder earlier this month.
Simon claimed that advice from the Competition and Markets Authority (CMA) appeared to allow owners to withhold payments or request money back.
Once again, NH&HPA were in touch and Simon subsequently wrote in The Independent:
“the National Holiday & Home Parks Alliance, say their legal advice is that the payments are still due because the parks are providing the agreed service pitch and security.”
Simon also phoned and emailed us at NH&HPA thanking us for our “illuminating and informative legal advice.”
NH&HPA would like to take this opportunity to thank Jon Payne and his colleagues at LSL Solicitors for their invaluable assistance with the above.