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This body confirms that the company has been overcharging service users improperly

The City Council will continue with the resolution file of the ORA contract after the approval of the Consell Jurídic Consultiu

28 November 2023
Zona Azul en Benidorm

Benidorm City Council will continue with the ordinary procedure to resolve the procedure opened against the ORA concessionaire company, a procedure that must end with the resolution of the contract with the company by having all the reports and opinions favorable to the actions carried out by the consistory.

This decision comes from the opinion issued by the Consell Jurídic Consultiu on November 22, which was reported to the political groups in yesterday's plenary session. An opinion, adopted unanimously by all the members of the advisory body, indicates that “it is appropriate to declare the termination of the Public Service Management contract for the Regulation of Parking on public roads and the removal, immobilization, and deposit of vehicles in the municipal area of Benidorm”.

A statement that emanates from the numerous non-compliance detected by the City Council and that led to the initiation of a disciplinary file against the concessionaire company, which was later annulled to make way for another file, in this case of termination of the contract upon learning that the company was improperly overcharging service users.

The sanctioning file began in November 2022 after it was found that the contractor had committed five very serious violations, such as the reduction of personnel assigned to the contract without municipal authorization, the cessation of annual technical assistance, the lack of an office in street with regulated parking, having an ATM that did not dispense money and failure to have a plotter.

However, a subsequent report from February 2023 warned of new infringing behavior after detecting that the company was making an improper charge of between 0.05 and 0.10 euros for paying for parking by an 'app'.

The report indicated that the concessionaire did so “without authorization, not even communication with the project management.” For this reason, two other “very serious” infractions were added to the report: charging more than what is established by the applicable rate and not communicating to the City Council the additional collection of supposed non-approved management expenses.

It was even noted that the non-compliance detected in November 2022 "remains unremedied as of the date of this report", so this "may lead to the imposition of sanctions, as well as the termination of the contract."
Once all the technical and legal reports had been incorporated, on September 25, 2023, it was agreed to initiate the contract resolution procedure due to non-compliance by the contractor who, in his allegations, opposed the contractual resolution.

After studying the file by the Consell Jurídic Consultiu and analyzing the explanations of the commercial concessionaire, the advisory body concluded that "in the procedure instructed by the City Council it is appropriate to declare the termination of the contract."

Now, the City Council will continue with the ordinary procedure for these cases, consisting of the resolution of the procedure as a prior step to the resolution of the contract with the concessionaire.