RESIDENTS claim a magistrates’ decision not to punish a caravan site owner has left them in limbo.

Brightlingsea Haven received an absolute discharge from Colchester Magistrates’ Court, even though it admitted flouting the conditions of its licence.

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

Residents are due to conclude their four-year High Court civil battle against the caravan site’s operators in November.

The decision affects at least 18 other families who were sold mobile homes and use them throughout the year.

Jacqui Morris, one of the residents, said: “We are not sure what outcome this will have on our main court case.

“We feel the firm did not do everything it could to stop these breaches, as it should have sold the homes to us on the right terms.”

A High Court judge said the residents could live on the site permanently because the firm had failed to provide them with details of the site’s conditions when it sold the properties to them.

But they must return to court next month to find out whether they can occupy their homes until 2019, when the lease runs out, or be compensated.

Yesterday at the magistrates’ court, Peter Coe, prosecuting, said environmental health officers from Tendring Council visited the site in January and February and found the site was accessible.

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.

Mark Himsworth, defending, said the firm was stuck between a rock and a hard place because of the High Court ruling in November He said before that decision, 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.

It was ordered to stop the occupation or face prosecution by Tendring 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 Council which prosecutes.

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

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

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

after the hearing, John Fox, from Tendring Council, said: “We are pleased there was a conviction because there was a breach of the licence conditions. However, we are disappointed no penalty was imposed.

“This investigation was absolutely necessary as the authority has the duty to ensure these licence conditions are complied with and it would be inappropriate not to take steps.”