The scene may appear to be a matter of courtesy or coexistence between neighbors, 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 states that, when there is a pedestrian area, refuge or other suitable space, pedestrians must not remain stopped on the roadway or shoulder, even when they are waiting for a vehicle.
Therefore, a pedestrian who remains on the roadway to prevent another driver from parking may be committing an offense. This conduct can be punished with a fine of up to 80 euros. However, there is no specific penalty for "saving a parking space": what is penalized is the failure to comply 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 could create a dangerous situation. The driver cannot use the vehicle to move the person, nor can 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 offense has been committed. The response will depend on the specific circumstances.
