Parking: Can the space be blocked off on foot? A surprising ruling from the Supreme Court

Parking: Can the space be blocked off on foot?  A surprising ruling from the Supreme Court


Can a reserved parking space be ‘occupied’ while our driver is manoeuvring? The answer will surprise you.

Raise your hand that, having found a spot in a crowded parking lot, for fear of being blown away, didn’t ask someone to get out and “book” it, Occupy the space marked by the white or blue lines. In cities like Rome or Milan (but not only), where parking is often a challenge, the practice prevails.

The cassation ruling clarifies the rules regarding parking – AnsaFoto (Grantennistoscana.it)

After the endless squabbling between motorists over “mine” or “yours” parking, No one but the Court of Cassation could decide on the matter and determine whether it is already possible to block (on foot) where another person is standing or not. The ruling, delivered in 2022, makes the point emphatically, even if it is troubling in some ways.

The ‘reserved’ parking controversy: What the law says

Calling to judge the legality or illegality of the “detained position”, the Court of Cassation expressed its positive opinion. It is therefore perfectly legitimate and legal to block any vehicle while waiting for the vehicle to arrive. unless it involves invading the lands or buildings of others, public or private, This practice does not contradict any law.

Parking: Can the space be blocked off on foot?  A surprising ruling from the Supreme Court
It is not uncommon for fierce arguments to break out between motorists, even over parking spaces – AnsaFoto (Grantennistoscana.it)

To make an effective comparison from a legal point of view Reserving a parking space for someone has the same authority as an agent, which, as is known, does not have to be written, but it can also be given orally. In the words of Stoats, “On the subject of the subjective element of the crime, potential fraud occurs when the agent clearly presents a substantial possibility of verification of the tangible event, and yet – the judges point out – is determined to act at any cost even at the expense of causing the injurious event.”

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“On the other hand, conscious guilt occurs — the Supreme Court ruling continues — when the will of the doer is not directed at the event and he refrains from acting by negligence, inexperience, foolishness, unreasonableness, or any other culpable reason.”

The relevant law is Article 633 of the Penal Code, according to which any person who arbitrarily invades the land or buildings of others, public or private, in order to occupy them or make a profit from them, shall be punished with imprisonment for a maximum of two years and fines ranging from 103 to 1032 euros. So be careful where you leave…

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