The company Parking Service Tivat (PST) announced that it regrets the dissatisfaction of the owner of the vehicle from Kotor Dusan Donković and the damage that occurred, but that valid legal solutions do not allow that company to act in any other way.
By the decision of the Higher Misdemeanor Court in Podgorica, Donković was acquitted of allegedly illegally parking his vehicle in the center of Tivat in November 2022, but despite this, he still cannot get back his since-confiscated vehicle from the (PST). Because of this, he announced a lawsuit with a compensation claim of 30.000 euros.
In the response sent from PST, which is signed by the executive director Snežana Vukosavović, Novosel it is stated that "In this particular case, the PST acted exclusively in accordance with the law and in the same way as it acts in all other cases of moving illegally parked vehicles."
"The Municipal Decision on the Organization of Carrying Out Entrusted Work of Moving Vehicles stipulates that the activities of moving vehicles are carried out by the Municipal Police of the Municipality of Tivat, in accordance with the provisions of the Law on Road Traffic Safety, and that in carrying out entrusted tasks related to the moving of vehicles, stopped or parked on unauthorized places, performs the tasks of issuing misdemeanor orders and initiating misdemeanor proceedings, in accordance with the Law. On the other hand, according to Article 5 of this Decision, he is obliged to carry out these tasks of moving and transporting to the place designated for vehicle storage, unloading, vehicle storage, as well as the collection of compensation for the costs of moving the vehicle in accordance with the Rulebook on the detailed conditions that he must fulfill a business company or an entrepreneur for the performance of vehicle moving operations and the method of moving and storing vehicles and the Regulation on the amount of compensation for vehicle moving costs Privredno društvo Parking servis DOO Tivat.
At the same time, this company is responsible for all damages incurred from the start of the move until the vehicle is taken over by the driver or owner, but it must also not allow the owner, i.e. the user of the vehicle, to take over the vehicle from the parking lot designated for the storage of the vehicle, without proof of payment of the moving costs. and vehicle storage. This is due to the fact that these funds represent the income of the Municipality, and in that case, the defendant, despite all good will, to return the vehicle in question to the owner, without proof of the paid compensation for moving the vehicle, would be abusing his official position.
In any case, PST cannot return the vehicle in question without proof of paid compensation or a possible "order" or note from the Municipal Police to do so without paid compensation. As there are no conditions in this particular case, PST has no other options or authority to act.
It is true that the subject vehicle was significantly damaged due to long-term parking in the subject guarded parking lot, and given that this damage occurred as a result of natural disasters, the vehicle owner is solely responsible. The owner himself contributed to the occurrence of damage, because by paying the costs of moving the vehicle in the amount of 60 euros, he was able to take over his vehicle and thus prevent the occurrence of any damage or its increase.
In case of release from misdemeanor responsibility, which eventually happened, after taking over the vehicle, this amount would have the right to refund from the Municipality, and in this way no damage would be caused to anyone. Regarding these types of damage, as our authorized legal representative confirmed to us, as well as all the above, the courts have a well-established position, and it is considered that by not taking possession of his vehicle, the owner himself contributed to its eventual occurrence, i.e. its increase", the response states. .
Bonus video:
