from Kotor Dusan Donkovic For more than five months, he has been in a kind of "clinch" with the company Parking Service Tivat (PST) and the Municipality of Tivat, which is the founder and sole owner of that company, because he believes that PST is threatening his basic rights, as he claims, by illegally confiscating his movable property - a car. which has been in the parking lot in Arsenalska Street in Tivat since the end of November last year.
On November 29 last year, the Tivat Municipal Police and the PST spider removed Donković's "Reno Megane" (KO AN 659) from the access road to the large parking lot located behind the apartment block in Njegoševa Street in the center of Tivat. Donković claims that they had no right to that because his car was allegedly not parked illegally because the validity of the no parking sign that was placed at the top of that small street, according to him, does not apply to the area where his car was parked.
"Since I worked for a long time in the MUP and was often the official representative of the Herceg Novi Security Center, who represented the police in misdemeanor proceedings as a petitioner for the initiation of misdemeanor proceedings against drivers for various types of violations of the Law on Traffic Safety, and that I know that law very well, but also the Rulebook on traffic signals, as well as the fact that for many years I was the president of the committee for taking the driving test in Kotor, I am sure that I am right and that the Municipal Police of Tivat and the PST spider could not leave the place where I left it, they took my car away because it was not a violation there, with traffic signals set up like this in that part of Tivat," said Donković.
Immediately after the spider took his car, he came to the place where the PST keeps stolen cars and demanded that his vehicle be returned to him with an order to pay the mandatory fine.
"Both the Communal Police and the PST refused to do that, the Communal Police claimed that after the car was taken away they had nothing to do with it, and the PST representatives announced that they would not return the car to me until I paid that company the amount of 65 euros for the costs of moving the vehicle with a spider and the parking fee, which is calculated at the price of five euros per day, for every day my car is parked in their parking lot," said Donković.
He stated that this is "illegal behavior" of the Municipality and the company whose local rights are owned by the founder, for which he will sue the Municipality and issue a substantial compensation claim "because I have been denied the right to dispose of my movable property, which is why I am suffering huge costs because already five I have to use a rental car for months, and I also suffer mental pain".
He points out that PST has no right to impound the car and blackmail him into paying the costs of moving the vehicle, and that they are obliged to bring any driver whose car is spidered to the parking lot in Arsenalska, as soon as he appears "and identifies himself as the legitimate holder of that movable item", immediately they return the car, and then collect the costs of moving the vehicle later through the misdemeanor procedure or the forced collection system through the bailiff.
Donkovic continues to refuse to pay what PST demands from him, which is why his "megan" is still handcuffed to the wheels, blocked in the parking lot in Asrsenalska.
"That's why I'm currently conducting civil proceedings against them, but now I will also file a lawsuit against the Municipality and ask to be compensated for all the damage I suffered," says Donković, whose request for the imposition of a temporary measure to return his car is a judge of the Basic Court in Kotor Veljko Bulatović in the meantime he still refused.
He announced that he will submit a request to the Ministry of Interior to supervise the work of local bodies that now perform these tasks in Montenegrin cities instead of the police, a request for an evaluation of the constitutionality of the Decision on meeting the conditions and the manner of performing entrusted tasks, as well as criminal charges "against all those responsible persons who were supposed to prevent such illegal and blackmailing behavior of certain bodies and companies".
PST told "Vijesta" that as of April 20, their total claims to Donković for the removal and storage of his illegally parked car amount to 775 euros, and that the company is not aware of the lawsuit he is announcing for seeking monetary compensation. They stated that PST "performs tasks entrusted to it by the Municipality of Tivat in accordance with the legal regulations and decisions of the Municipality of Tivat, which is also its founder", and that in accordance with those regulations "the PST company is responsible for all damages incurred from the start of the relocation to the taking over of the vehicle from by the driver or the owner, i.e. the user of the vehicle".
"The owner, i.e. the user of the vehicle, cannot pick up the vehicle from the parking lot designated for vehicle storage, without proof of the payment of the costs of moving and storing the vehicle," the PST says, stating that this is exactly what is written in the Agreement on the provision of services for moving illegally stopped or parked vehicles between the Parking Service and the Municipality from 2019.
"In the case of moving the vehicle, Donković's crew of the special vehicle "pauk" DOO PST carried out the actions acting on the order of the Municipal Police, which is also their regular activity. After the explanation from the Municipal Police, Donković also received explanations from the executive director of PST, who gave him a detailed explained the procedure. However, Donković appealed with requests for temporary measures, which eventually ended up in the Basic Court and were rejected.
Secretary for communal and inspection supervision of the Municipality Jelena Šćekić said that that body does not have jurisdiction in connection with Donković's request for the return of the car, that Donković was precisely answered that "the municipal police officer who issued the order to move the vehicle with a spider referred to the Law on Municipal Police and the Decree on Entrusting Part of the Work of the Police Administration to Priještina Cetinje and the municipalities of Bar, Budva, Tivat, Kotor, Nikšić, Ulcinj and Herceg Novi, and "the applicant is instructed to contact the PST for any additional information on the matter".
Šćekić pointed out that Donković's vehicle was illegally parked on November 29 last year "at a place where parking is prohibited by a traffic sign."
"The municipal police officer, in the part of drawing up the misdemeanor order and the accompanying minutes, acted in accordance with the authority and powers regarding illegal parking in accordance with the Decision on the Organization and Mode of Operation of the Local Administration of the Municipality of Tivat, the Law on Municipal Police, the Law on Road Traffic Safety and The decree on entrusting part of the work of the Police Administration, while the remaining part of moving and storing vehicles in the area designated for that purpose refers to the actions of the PST, who claim their expenses incurred in this case," stated Šćekić.
Bonus video:
