Absolute discharge for caravan site (From Clacton and Frinton Gazette)

Absolute discharge for caravan site

10:28am Thursday 8th October 2009

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THE operator of a caravan site has escaped punishment despite admitting breaching its site licence.

Brightlingsea Haven Limited received an absolute discharge from Colchester Magistrates’ Court yesterday even though it had flouted the conditions of its licence.

The firm admitted five charges of failing to prevent residents of Brightlingsea Haven Leisure Park, off Promenade Way , Brightlingsea, occupying their mobile homes during the winter months when its licence says it is supposed to be closed.

Peter Coe, prosecuting, said environmental health officers from Tendring District Council visited the site in either January or February this year and found the site was accessible and there were signs of occupation.

On January 13 officers counted 18 caravans which appeared to be occupied, 21 on January 15, seven on January 27, 22 on February 19 and 17 on February 25.

But Mark Himsworth, mitigating, said the firm was stuck between a rock and a hard place as last November a high court judge told residents they could live in their mobile homes permanently because the firm had failed to provide them with details of the site’s conditions when it sold the properties to them.

Mr Himsworth said before that decision was made the firm had done everything in its power to prevent the breaches including writing to the residents and cutting off their power and water supplies.

However it was ordered to stop or face prosecution by Tendring District Council’s housing officers.

Mr Himsworth said: “It has done everything, literally everything, in its powers to prevent these breaches taking place and it has met with resistance at every turn, some of it emanating from Tendring District Council which prosecutes.

“Any fine isn’t going to punish or deter and certainly isn’t going to rehabilitate.

“There is nothing this company can do to prevent further breaches with the present state of affairs.

“It is in that gap between a rock and a hard place that this company finds itself.

“This is litigation which isn’t establishing anything.”

Michael Mitchinson, chair of the bench, said he believed the firm had done all it could and should not be punished.

However he ordered it to pay £1,400 towards the legal costs.

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