(Un)constitutional self-help for parking fees: "Kandža" does not solve traffic chaos in Podgorica

Devices for blocking parked vehicles - "claws" - are not instruments in the fight against illegal parking on green areas, sidewalks or roadways in the city, but rather "self-help" means for local businesses to collect parking fees in clearly marked places.

That's what the lawyer assessed for "Vijesti". Nina Radulović, commenting on Article 28 of the Decision on Public Parking Lots in the Capital City, which, among other things, stipulates that a parked vehicle may be detained by installing a device to prevent it from being driven away.

Responding to the question of "Vijesti" whether the use of "claws" is in accordance with the law and the constitution, Radulović replied that "we already have the decision of the Constitutional Court U. No. 117/05 from 2006, which refers to a comparable situation."

"The court then invalidated a part of the Regulation on the manner of moving illegally stopped, parked or abandoned vehicles, which allowed the competent authority to remove illegally parked vehicles with a 'spider' and keep them until the payment of a misdemeanor fine and the costs of their removal. Such provisions were deemed unconstitutional, because they deprived citizens of the right to a two-tier decision-making process in a lawful procedure and restricted the right to property, which are axioms established by the Constitution, Articles 17 and 45. The procedure for the forced collection of a monetary claim also has a two-tier system, and unpaid parking is no different. In this case, the elements of permitted self-help, which are recognized by the Law on Obligations and the Law on Property and Legal Relations, are also not visible," she said.

Commenting on the fact that a "claw" is placed on a vehicle in the case of three unpaid tickets and when it is not possible to identify the driver, and not on all illegally parked drivers, Radulović points out that the legal system recognizes "stricter treatment of returnees in the sphere of criminal and misdemeanor liability."

"... Which is their justified discrimination in relation to other perpetrators who have not repeated the act. However, this is not it. It is simply a mechanism of forced collection according to arbitrarily determined criteria and procedures, so the delinquent payer additionally pays a 'penalty' to the creditor. The fact is that the Capital, but also the rest of the country, has long been living in traffic chaos with insufficient road infrastructure, including parking spaces, but also very primitive urban and intercity transport, which is why citizens still opt for their own vehicles as their primary means of transport. Such measures do not contribute to the solution to the traffic collapse, but also to the rule of law," Radulović said, emphasizing that "the Constitutional Court will have the final say in the event that someone initiates a procedure before it to review the constitutionality and legality of the municipal decision in question."

The Podgorica-based company "Parking Servis" began implementing "claws" at the beginning of the month. At the time, they announced that they did so "in order to improve order, increase traffic safety and create better conditions for using parking spaces for all citizens." They also announced an increase in parking prices in the center of Podgorica...

Radulović points out that the city authorities "proved indecisive in implementing this procedure, because it is administratively demanding, but also expensive for the debtor."

"For it, one needs to have the capacity and willingness to have a strong conflict with citizens due to the high cost. In comparison, the 'claw' is a procedurally faster and more bearable solution for citizens," said Radulović, adding that the parking invoice "is payable exclusively in the enforcement procedure."

CONSISTENTLY, BASED ON DECISION

As "Vijesti" was told by "Parking Servis", the vehicle blocking devices in Podgorica are implemented based on the Decision on Public Parking Lots in the Capital City. They added that it is up to them to "implement the decision consistently."

"We would like to point out that the measure applies exclusively to marked parking spaces managed by 'Parking Servis', and that it does not apply to public areas. Our focus is on making the measure fair, transparent and aimed at better organization of parking spaces, i.e. marked parking spaces managed by us. That is why vehicle blocking devices are installed in two cases: when at least three parking tickets issued by our controllers are unpaid and when it is not possible to identify the driver or vehicle owner through the competent state administration authorities," said the company, whose acting director is Nikola Lazović.

The fact is that the capital, as well as the rest of the country, has long been living in traffic chaos with insufficient road infrastructure, including parking spaces, but also very primitive urban and intercity transport, which is why citizens still opt for their own vehicles as their primary means of transportation. Such measures do not contribute to the solution to the traffic collapse, but neither to the rule of law

They stressed that non-payment of parking fees and removal of license plates are major challenges for the functioning of the parking lot. They also said that they were "forced to take such measures in order to prevent misuse of the parking lot by that company."

"This measure is not a call for arrogant and brazen usurpation of public spaces, as some in the public interpret it. We always call on everyone behind the wheel to behave responsibly, respect traffic rules and other regulations. So now we appeal to all drivers to participate in traffic with respect for themselves and others and not allow their negative behavior to endanger anyone."

Parking spaces in the city center will be expensive

"Parking Service" reminded that prices for general parking spaces have not changed since 2011, while in 2020 there were minor changes for special parking lots.

"In the very center of Podgorica, parking costs 0,40 to 0,70 cents per hour, which is significantly lower than in most major cities in the region, and also lower than in most of our cities. That is why we believe that the current prices are adjusted to the capabilities of citizens," they said.

However, on Tuesday they announced that in the coming period there will be an adjustment in the prices of parking spaces in the center of Podgorica.

They explained that this is in order to protect the interests of residents and employees in that part of the city, as well as to ensure better availability of parking spaces and traffic flow.