Couple challenges reserved parking zone

A married couple has filed a writ of summons in the First Hall of the Civil Court claiming that the establishment of a reserved parking zone for residents of Pietà was ultra vires the powers given to the local council and was therefore null and void.

Mr and Mrs Joseph Borg filed their writ against the Pietá local council.

They claimed that on July 23, 2002, Mrs Borg was booked for having parked without a permit in a reserved parking area in Pietà. However, plaintiffs claimed that although the wife had not been driving the car on that day she had still been fined Lm20.

She had paid the fine so as to be able to renew her vehicle licence.

Plaintiffs claimed that the imposition of the fine in her case was null and void as she had not been driving the car on that occasion and the law did not permit for vicarious liability in the field of criminal law.

They added that the law establishing local councils had not empowered the councils to reserve parking zones for their own residents.

Both plaintiffs paid their driving licences like other drivers and were therefore entitled to the same rights as other drivers without preference.

St Luke's Hospital at Pietà was visited by many persons and the locality's local council could not reserve a parking space for the residents to the detriment of the other inhabitants of the country. Furthermore, plaintiffs claimed that no other laws provided for the imposition of a fee to park a vehicle on the road.

They asked the court to declare that the reservation of a parking space for Pietà residents was ultra vires and therefore null and void and to consequently declare null and void the imposition of the Lm20 fine.

Dr Tonio Azzopardi signed the writ.