Apologies in advance for the lengthy post.
I have lived in a leasehold flat in Kent managed by MHS Homes since 2023. My lease entitles me to:
"the exclusive right to use the parking space marked orange on the Plan [which I have a copy of] for the parking of one car or motorcycle only but not further or otherwise in association with occupation of the Premises but not further or otherwise SUBJECT ALWAYS to complying with the covenants contained in this Lease PROVIDED ALWAYS that the Landlord reserves the right to re-allocate this parking space from time to time acting reasonably in the circumstances." There is no mention of a permit system as none was in place at the time of the lease's signing.
In summer of 2025, MHS decided to introduce a parking permit scheme due to complaints from some residents that non-residents were parking in their spaces. This was done without any formal consultation from residents. This was intended as an interim deterrent until a gate could be installed at the entrance to the car park (which has since been done; however, the permit scheme is still in place). We were sent letters (undated, but sometime in the summer) informing us of the permits' introduction with the following justification:
"We have been advised by [the] council that we should issue permits and use parking enforcement as per the building conditions agreed with them. We have checked our paperwork, including your lease and believe that we are able to take this course of action in line with the parking management plan in place for your block and because we have the responsibility to manage the communal areas which includes the car park". No references are made in the letter to any statutory processes which I imagine would have to be followed for the permits' introduction.
The permits were issued to us in September last year. I wrote to MHS shortly after disputing their introduction and the lack of resident input in the matter (and received no reply); but, as a matter of courtesy and to avoid unnecessary hassle, kept the permit in my car at all times since they came into force from November. Despite this, I was issued a parking charge notice to the registered keeper from London Parking Solutions on 11 Feb this year for allegedly not having a valid permit on display. The notice contains a photograph of the front of my car too small to determine whether a permit is or is not visible.
Following this, I have spent far more hours than I would have liked reading similar situations posted by others in forums such as this one. I have read through this thread from last year in full (
link) and my situation seems to be very similar except for the fact that the parking permits were introduced by the landlord (MHS) rather than a management company contracted by the landlord who may not have had access to the lease to determine whether it facilitated the introduction of such permit schemes. In this user's case they successfully got the management company to back down from their position and eventually offer to pay the fine on their behalf (which they rejected, opting instead to complain to the Housing Ombudsman).
Given this, I am looking to pursue a resolution with MHS rather than engaging with LPS in any capacity. I will ultimately be seeking from MHS a cancellation of the fine on my behalf and the whitelisting of my car and space from LPS' operations, if not the immediate cessation of the permit scheme entirely.
I would appreciate any advice on:
- Whether to contact MHS informally in first instance or go directly to a formal complaint
- Whether there could be any valid arguments (arising from similar cases) from MHS that they introduced the permits in a lawful manner
- Whether I should continue displaying my permit - I see no reason to continue given I have still received a fine, but I'd rather not be sent any more notices at this time; however, I am keen to avoid giving the impression I view the permit scheme as legitimate which my continued displaying of a permit could do
- Whether I should engage with LPS at all at this stage
I have read the forum guide and I have chosen to keep the details of the notice and underlying incident light at the moment, as I am keen to first assess my options to dispute the introduction of the permit system as a whole with MHS rather than engage with LPS. Should that fail then I am happy to fight on the specifics of the parking charge itself and provide further details, but hopefully it will not have to come to that.
I have not re-read my lease in full yet, but I will do so to check for any other mentions of parking arrangements.
Thanks in advance for any advice.
