Freeholder Restricting Parking

[TokitaOhma]

I believe my landlord (the Freeholder, a well known Housing Association) is violating my lease agreement (purchased the flat and allocated parking space as a leaseholder) by implementing increasingly restrictive parking rules. Timeline

• The flat was purchased in 2017. At this point, you could freely park your car in the space, and allow your friends/family to park their cars in your allocated parking space.
• In 2020, during the Pandemic, without any written notice, the Freeholder procured the services of Elite Parking Management to "manage" the car park. Under this system, the leaseholder had to apply for permits to enable cars to park in the allocated parking space. Permits were granted to enable visitors to park in the space as long as the car model number and registration were provided.
• In 2020/21, my brother got a parking fine (he was the owner of the flat at the time) for parking in his own parking space without a permit. He fought the fine and was happy to go to court when threatened by Elite Parking Management. They dropped the case when they saw how eager he was to fight in a court of law.
• As of late 2023, you could still requests permits for visitors. I have emails where permits were granted in H2 23 for a nurse to come visit as well as one of my friends. Please note we also have a 1-year long permit for my parents' car.
• Now, as of 2024, we have been informed that permits will only be granted for cars that are registered (via a V5 form) to the owner of the flat. This means that no visitors can park in the space, nor can any rented cars, even if rented by the owner. This is why I now want to take the HA to court as I believe this violates the lease agreement.

Lease Agreement

Below, I lay out the relevant clauses in my lease agreement. I believe they are somewhat contradictory but overall support my case:

• Acting reasonably at all times the Lessor shall have the authority to make and at any time vary such Estate Regulations as it may think fit for the preservation of the amenities of the Block or the Estate or for the general convenience of the occupiers of the Properties subject to giving written notice thereof to the Leesee. We were never given notice that a contract was agreed with Elite to manage the car park.
• (Under 'Rights included In the demise'): The right for the Leesee and the tenant or occupiers of the Demised Premises (i.e. the Flat) and his or their employees and visitors to go pass and re-pass at all times and for all purposes of access to and egress from the Demised premises and if applicable The Allocated Parking Space only with our without vehicles over and along the roadways forming the Accessways...This is a pretty clear right to enable visitors and even employees to go to and from the car parking space.
• (Also Under 'Rights included In the demise'): If the Lessee has an Allocated Parking Space the right for the Lessee only to park a private motor vehicle not being a van, motor home, caravan, or trailer in the Allocated Parking Space. I think this is where it gets somewhat contradictory as it suggests only I (the Leesee) have a right to park a car in the space. However, it doesn't stipulate that the car has to be registered to me, and that I should still be able to park rented cars in my space.
• As an additional point, the lease agreement lays out the Maintenance Expenses (i.e. the service charge) and lists the various costs incurred from the Car Park. Costs for hiring a 3rd Party to manage the car park do not appear in the list. Furthermore, the HA claim there is no payment from them to Elite Parking Management but it begs the question - where does the money from the fines go, and why would Elite Parking Management work for free?
• (Under Covenant enforceable by the Lessor and lessees of the Properties): Not to use the Allocated Parking space for any purpose other than for the purpose of parking a private motor vehicle ... Not to assign or sublet or allow use of the Allocated Parking Space separately from the Demised Premises. Once again, I feel like this doesn't specify that the car parked has to be registered to the lessee. I'm not looking to sublet or assign the space, and use wouldn't be separate to use of the Demised Premises if I have visitors who are visiting my flat (this is implicit if I'm the one requesting a permit).

Conclusion

Overall, I do believe the HA is in violation of the lease agreement. Furthermore, there are absolute no provisions in the lease agreement pertaining to the use of a 3rd party parking management company, parking permits, and registered vehicles.

Please can you let me know if you think I have a good case above, and if you have any experience with the First Tier Tribunal (Property Chamber)? I'm keen to go through them as it's cheaper than getting a lawyer but want to know if it's an effective route. Ideally, I'm seeking to opt out of the permit system, but if that's not possible, I would like to be able to get permits for cars not registered to me.

I'm happy to name and shame the HA - but I'm not up to speed with the forum rules. So please let me know if it's okay to name and shame and I promptly will!

Thanks!

[PallasAthena]

As an additional point, the lease agreement lays out the Maintenance Expenses (i.e. the service charge) and lists the various costs incurred from the Car Park. Costs for hiring a 3rd Party to manage the car park do not appear in the list. Furthermore, the HA claim there is no payment from them to Elite Parking Management but it begs the question - where does the money from the fines go, and why would Elite Parking Management work for free?

Not hard to guess the answer to that - Elite keep all the "fines" they get from their Parking Charge Notices and make a tidy profit doing so. All these parking companies are interested in is money money money - your money. That's why appealing to them is a waste of time. They aren't interested in being fair or reasonable.

Let's see what the lawyers on here think about the lease clauses and action you could take.

Incidentally these parking charges aren't "fines" and people in private car parks haven't committed an "offence". Only the courts can issue fines. Their PCNs have no connection with the court system and are just invoices for allegedly providing a "service" to you. They dress them up to look like council penalty notices in the hope it will make people think the parking companies are "official" in some way and it will scare people into paying them.