Tbilisi City Hall refuses to undertake a revision of the Abusive contract with “C.T. PARK”

22 April, 2015

The organization “Young Barristers”, once again, appeals to the Government of Tbilisi, to represent  legal expertise for the contract, concluded with the company  “C.T. PARK”  and due to the high public interest, demands to precise,  if they are working on the preparation of the  draft of amendments to the mentioned contract.

According to the lawyer of the “Young Barristers”, Jaba Sirabidze, the discussion regarding cancellation of  actually abusive provisions of the contract, signed between the company “C.T. PARK” and the Government of Tbilisi  on December 7, 2007, should  start.  On the other hand, the investigation should be hastened  and the issue of legal liability should rise towards those, who had agreed on such enslaving regulations, while signing the contract, ignoring interests of the citizens living in Tbilisi and thus giving  to the  “C.T. PARK”  monopolistic functions.

According to the “Young Barristers”,  for the beginning, an article 12 of the contract, referring to the  results of the contract termination,  should be the main  subject for discussion. In the information, transmitted  to the organization from Tbilisi City Hall on April 7, 2015, it is noted, that, in accordance with the amendments to the  mentioned  contract, implemented  on July 23, 2009,   during the 1st  year of operating, the payment of  minimum income  to be paid   to  a lessee , 1 000 000 GEL, was  defined by  the following schedule:  50 000 GEL ( March 31, 2009);  50 000 GEL (April 30, 2009) and 900 000 GEL  (December 30, 2019). According to the March 28, 2011  Resolution of the Government of Tbilisi, the 3rd amendment  was implemented within  the above-mentioned contract, according to which, new period of the contract validity was  determined  until December 31, 2024.

The “Young Barristers” pays attention to the basics of responsibility, resulted from the contract termination . These provisions are provided in the article 12.2 of the contract of December 7, 2007 :

  • If the contract is  terminated within  4 years period  from the date of  its enforcement, the lessor  shall  pay to the lessee  500 000 GEL,  from the date of   actual  termination of the contract, through  the months, left until  the  contract expiration date;
  • If such termination happens  after  4 years from the date of the contract enforcement, then the lessor shall reimburse to the lessee the termination cost, that equals to the average monthly income of the lessor for the last 12 months (X) divided by 2 (Y) and multiplied by the number of the  months , left until the expire of the contract term.    

According to the evaluation of the “Young Barristers”, the contract, signed during the period of the former Government, include several  one-sided and abusive provisions, which first of all, undermine the legal interests of the citizens. It is important to reveal possible secret deals between the Government of the Capital and the company. According to the data, provided by  Tbilisi City Hall letter, the company “C.T. PARK”  paid 15 451 658,42 GEL to the local budget only during 2011-2013.

The organization notes, that such financial figure has been paid, while the parking system in Tbilisi is in fact paralyzed, the drivers buy parking cards, however due to the lack of the parking space, it becomes impossible to use them and receive sufficient service.  Another case for dispute,  is an issue of the  fairness of fining drivers.  According to the Tbilisi City Court decision of March 22, 2013, the  transfer of the vehicle to the specialized parking  by the company “C.T.PARK”, was regarded as illegal and the fine was cancelled. The decision was based on the fact, that  “C.T. PARK” didn’t take into account the possibility of the road traffic impediment and  the danger to the road safety, while performing their duties.  Accordingly it has undermined the interests of the drivers, causing financial damage to them, which is definitely the key method for increasing income for the company.                                                                                               

The “Young Barristers”, one more time, appeals to the Mayor of Tbilisi, David Narmania for  taking sufficient measures and on the basis of the mandate, granted to him as to the Mayor of the City, requests to protect the interests of the citizens ,  living in the capital.

 

 



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