A Madrid judge will investigate the possible "double payment" for the material in the Jaume I car park
The Court of First Instance number 15 of Madrid has admitted for processing the civil lawsuit filed by Parking Municipals of Tarragona against the finance companies of the material that is inside the Jaume I no-car park: Metropolitan and Banco Santander. After registering the claim on December 2, the Daily It has been possible to verify that, finally, the magistrate notified the City Council on September 22 that it will investigate the case, so from now on it will analyze whether or not the possible “double payments” denounced by the local corporation existed or not. It should be remembered that, as a whole, the equipment located in front of the Rectorat of the URV should initially cost 3.9 million euros but that, after several years of work, the cost shot up to 25.7 without the space being able to never function as a parking lot.
With regard to the new case that the judge has now opened on the material that is currently inside the hole, and that is independent of the criminal proceedings that are dying, the public company chaired by Jordi Fortuny (ERC) considers, After the preparation of an expert audit, that the total of the goods, fixtures and installations that should have been incorporated in the Part Alta non-parking amounted to a total billed amount of about five million euros. Of these, on the other hand, only material worth 831,456 would have been received, barely 16% of what was paid for 11 years. The translation of all this? That according to Aparcaments there would be more than 4.2 million euros paid, which, on the other hand, would not have resulted in the receipt of the necessary machinery to try, unsuccessfully, to start the biggest disaster in the city. On the contrary, the suspicion that Fortuny reveals to this newspaper is that "he would have paid more than once for the same thing." In other words, double payments.
For all these reasons, in the lawsuit, the consistory requests the annulment of the contract and the "reimbursement of the amounts paid plus the legal interest and the restitution of the benefits and the costs of the procedure." "What we want is to recover the money spent, and we do it thanks to a serious and solid work that, now, is legitimized by the judge", indicates the president of the EMT-Aparcaments, Jordi Fortuny, who adds that the step taken by the magistrate "shows that it is not a toast to the sun".
Three leases between 2002 and 2006
The events began when in March 2002 Aparcaments Municipals constituted a Temporary Business Union (UTE) with Alem Systems, so that 51% of the company would be municipal. This joint firm was the only one that submitted to the Jaume I public tender, and on March 25 of that year it was awarded the construction of the facility, which was initially planned for 285 seats. At that time, the joint venture signed a lease for the supply and assembly of the mechanical and automatic underground car park for a value of 2,069,033 euros.
A few weeks later, an agreement was reached to expand the car park by 170 spaces, for which another 1.1 million were added to the contract to make room for the necessary machinery for 410 vehicles. This figure, added to the initial 2,069,033 euros, raised the amount to 3.3 million euros. Therefore, in the middle of that year, the leasing contract was signed with Metropolitan for the leasing of machines and software, in an agreement for 120 months and 42,987 euros per month. However, in April 2005 the UTE signed a second leasing contract, which replaced the previous one, as a result of the expansion of the machinery. Then he went on to pay 45,410 euros per month. That agreement was annexed directly with the Banco Santander banking entity, assignee of Metropolitan's credit rights.
In April 2006, a third contract was signed, annulling the previous ones, to introduce improvements to the value of 1.7 million euros in the parking system. At that time, the UTE began to pay 46,098 euros per month to Metropolitan with a 180-month contract that ended in March 2021. In total, between 2002 and 2006 three machinery leases were signed with Metropolitan and BSCH.
BSCH claims 3.2 million
From that moment the problems appeared. Metropolitan began to default on its supply obligations, for which Aparcaments was forced to sign other contracts in 2006, 2007 and 2008 to move forward with construction by paying material suppliers directly. These operations were unified in a single installment with Dexia, which is still being paid because the machinery has been delivered. At the same time, however, the renting continued to be paid to Metropolitan until 2018, when the City Council stopped paying, considering that the material had not been received. For this reason, BSCH is now claiming 3.2 million euros from Aparcaments.
The surprise, moreover, is that, at that time, BSCH registered Aparcaments on the list of defaulters of the Bank of Spain: the CIRBE. On September 29, the Consistory formally requested to leave it after the last notification from the Madrid judge. "Now it is shown that if we do not pay it is not because we are insolvent, but because the case is sub judice", says Jordi Fortuny. There is still, then, Jaume I for a while.
“We ask for the annulment of the contract to be able to recover the money spent
in the James I»
«The judge now legitimizes our thesis and shows that
the claim filed is not
a toast to the sun»