Is it possible to “occupy” a parking space in order to book it while the motorist accompanying us maneuvers? The answer will amaze you.
Raise your hand who, after finding a spot in a crowded car park, fearing having it blown away, has never asked someone to get out and “book it”, occupying the space delimited by the white or blue stripes. In cities like Rome or Milan (but not only), where parking the car is often a challenge, this practice reigns supreme.
After the umpteenth quarrel between motorists about “mine” or “yours” parking, however, it fell to none other than the Court of Cassation to rule on the matter and establish whether or not it is actually possible to block (on foot) the parking space for another person. The sentence, issued in 2022, definitively clarifies the point, even if it is in some ways unsettling.
The controversy over “booked” parking: what the law says
Called to rule on the legitimacy or otherwise of the “retained parking”, the Court of Cassation expressed itself giving a positive opinion. Therefore it is entirely legitimate and legal to block a lay-by while awaiting the arrival of a car. Unless this involves the invasion of other people’s land or buildings, public or private, this practice does not contravene any law.
To make an effective comparison, from a legal point of view holding the parking space for someone has the same validity as a proxy, which, as known, does not necessarily have to be written, but can also be conferred verbally. In the words of Stoats, “on the subject of the subjective element of the crime, the possible fraud occurs when the agent has clearly represented the significant possibility of verifying the concrete event and nevertheless – the judges explain – he is determined to act in any case , even at the cost of causing the damaging event”.
“On the other hand, conscious guilt occurs – the sentence of the Supreme Court continues – when the will of the agent is not directed towards the event and he refrains from acting due to negligence, inexperience, foolishness, unreasonableness or other reprehensible reason” .
The relevant law is article 633 of the Penal Code, according to which anyone who arbitrarily invades land or buildings of others, public or private, in order to occupy them or to make a profit from them, is punished with imprisonment up to a maximum of 2 years and with fines from 103 to 1,032 euros. So be careful where you park…
