The scene may appear to be a matter of courtesy or neighbourly coexistence, but it also has a legal dimension. A person cannot reserve a parking space for another vehicle simply by occupying it with their body. Article 122.6 of the General Traffic Regulations establishes that, when there is a pedestrian area, a refuge or another suitable space, pedestrians must not remain stopped on the carriageway or shoulder, even if they are waiting for a vehicle.
Therefore, a pedestrian who remains in the carriageway to prevent another driver from parking may be committing an offence. This conduct can be punished with a fine of up to 80 euros. There is, however, no specific penalty for "saving a space": what is penalised is non-compliance with the rules governing pedestrian traffic.
THE DRIVER CANNOT TAKE THE LAW INTO THEIR OWN HANDS
The fact that a person is sitting or lying in a parking space does not make the spot theirs, but it also does not allow the driver to resolve the situation by using the vehicle. If the pedestrian refuses to move, driving forward to force them to do so may create a dangerous situation. Neither may the driver use the vehicle to move the person nor may the pedestrian use their body as a barrier to claim the parking space.
In these cases, it is advisable to avoid confrontation and notify the Local Police, who can assess what is happening and determine whether an offence has been committed. The response will depend on the specific circumstances.
