failure to adhere to a court order for disclosure.

[due-diligenc]

I took a large caravan park owner to court to disclose a copy of the licence they relied on when they demolished my dwelling without obtaining a court order. Please note I owned my dwelling, I paid council tax for my dwelling, I had exclusive occupation, it was classed as a building that was not meant to be moved. It had been standing since 1947 and was described as a chalet (which was situated by the sea). The park owner asked me to sign over my licence as he wished to take possession. I have never signed an agreement. They then asked me to sign over my property, once again I refused. 6 months later they demolished my property along with another 50 odd chalets. Now they have sent me as disclosure,an owners guide for holiday home ownership, which describes the 'site licence' as the licence issued by the local authority i.e. a caravan site licence. The court ordered that a director or the company disclosed the documents to me, this did not happen. |The documents I received were from their solicitors, unsigned. They were also told to make the original available for inspection. twice I attempted to view them, and on the last occassion I was told by the park manager that a licence for the chalet park did not exist.
Do I now return to the court and explain that the documents mentioned within the order have not been forth coming? They did send documents, but not the ones ordered by the court.
Any guidance would be appreciated.
Rosemarie, ex chalet owner.

[buildersmate]

I suppose it depends what remedy you are hoping to achieve at the end of the day.
This looks to me like the chalet owner on realising he had a great number of long established owners who were not going to shift, decided to take the law into his own hands.
Are you looking to get compensation for the wrong, the value of the chalet plus the opportunity rights you had on the site? Does the site owner have lots of assets which when/if you win your case you can your hands on? Is it costing you anything to keep going other than your own time?
If the first two are Yes, and the third one, No - then you go back to the courts.
Good luck.

[due-diligenc]

thank you for advice, in actual fact the chalet owner is me!, on the land registration doc, the chalets are expressly excluded from the freehold title, and the chalet owners have the right to remove the chalets if they so wish.
The chalets were immune from enforcement action by the council as they had stood, occupied by individual OWNERS for the past 60 years, with temporary planning permissions being granted up until 1962, then the 10 year rule applied. We also had the right to occupy the chalets for 12 months of the year, this we only discovered after asking the council why they imposed an exemption class G on our council tax bills, only to be told that it was a mistake and that the discount was discretionary.(it should only have been 10%) So it seems we were led to believe that our property was classed as a holiday home, when in fact it was classed as a second home. There is many more of these antics that have been used, but I am trying to remain focused.
Any further advice?
Rosemarie.
due-diligenc

[justmetoo]

this site is not in Isle of Sheppy by any chance...?? i have won case against them for a large sum of money......still they havnt paid....beware, this could be costly, our solicitor said it would cost between �1000 and �4000 as it was an open and shut case, 16 months on and �10,000 in legal fees we still havnt got anything dispite a judge ruiling we were to recieve everything plus all our legal fees.....so think carefully about starting legal prossedings..

[due-diligenc]

thanks for the warning! No it wasnt on Sheppey, although it was in Kent. This Firm has places on Sheppey, so it could be the same outfit. Would you like to elaborate on your case? We shall be going back to Court in the near future anyway. If you won the Court Case and they havnt adhered to the Order of the Court, Why dont you just go back to the Court and ask them to Enforce the Order?
Would be very interested to swap notes, any chance?
Was your property a chalet?how much damages did you go for?

[justmetoo]

would love to keep in touch, my solicitor as we speak is enforcing the judgement, the camp is wardenbay ltd, it was saddlebrook park, slightly different to you, ours was a brick built chalet, my husband built it 11 years ago,we sold it back to the camp2 years ago, they paid a deposit, and never paid anymore, as we had all the paperwork from them agreeing to full payment, we took it to court, an open and shut case our solicitor said, 16 months down the line and nearly 10,000thousand pounds legal fees, we are having to enforce the judjement. The site is owned by a Mittchell Barney, and before that his father Tony Barney, I know he does have other sites, so check yours out...keep in touch, best wishes...and good luck