Minister granted time to respond in NBS-Smart City Solutions case

Mar 24, 2017 News

Minister of Communities, Ronald Bulkan, has been granted time to respond to the legal challenge brought against Parking Meter Company, Smart City Solutions, (SCS). The matter was called before Justice Brassington Reynolds at the Georgetown Supreme Court on Monday.
The court had ordered that the Minister of Communities and Town Clerk Royston King file affidavits in response to the action against the Municipality.
On Monday, the Minister sought and was granted a further three days within which to file and serve his affidavit in answer. SCS was also granted leave to file an affidavit in reply if necessary to the affidavit of NBS opposing their application to be joined in the proceedings.
The matter was adjourned to April 3, 2017 at 9 am for report on the filing of the said affidavits.
The action was brought against City Hall by the New Building Society (NBS) over the installation of parking meters in front of that establishment in February. The matter was filed by attorney, Pauline Chase.
According to the writ, NBS is aggrieved that the meters were placed in front of its North Road and Avenue of the Republic location. It is the company’s belief that such a move is disadvantageous and adversely affects and destroys the system and investment it has made in the new location.
The order nisi granted against M&CC on February 8, last, demanded that City Hall show just cause why the parking meter project should not be quashed. The order would have resulted in a temporary halt to all activities relating to the project.
NBS is contending that the placement of the meters was done without consultation or approval. NBS believes that the M&CC was aware that a car park was constructed for NBS customers and for the council to now charge for parking in that location, is egregious and improper.
The writ stated, “NBS feels aggrieved that no one has invited the entity for any discussion or exchange of views in relation to the installation of parking meters in front of the premises. Furthermore, it is the society’s belief that the huge expense incurred to develop the environs of that building was totally disregarded by the M&CC.”
More importantly, the financial institution contends that its housing mortgage business, which is the core of its operation, with in excess of 10,000 mortgagors, will be adversely affected.
The company believes that the installation of parking meters will result in monthly loan repayments being delayed and this does not augur well for the profitability of its business. The company says it stands to lose, since built-up arrears will become burdensome for the liquidity of its operations.
The company is seeking $250,000 in damages against the M&CC.
Meanwhile, the M&CC through representation by Attorney-at-law Roger Yearwood has claimed that the NBS has unlawfully encroached on a public place within the control of the M&CC.
Additionally the City Council contended that it has the authority to erect and maintain parking meters and regulate the parking of vehicles on council roads.
The M&CC says that NBS’s argument lacks merit and as a responsible corporate citizen, as it purports to be, it should have looked at the way it constructed its building.
M&CC has argued that it is not responsible or can be saddled with catering for the parking of NBS employees and customers.

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