Whose parking spot is it?

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  • #616165

    Joseph
    Participant

    A driver pulls into a parking spot. Immediately thereafter another driver pulls up and said he had been waiting on the opposite side of the street waiting for traffic to clear up to make a u-turn to take the spot when the driver now in the spot swooped in.

    Who is more entitled to the spot?

    #1094880

    TheGoq
    Participant

    first guy, there is no way to know if the second party is telling the truth but even if he is there is no guarantee that after he made the (probably illegal) u turn the spot would still be available.

    #1094881

    Joseph
    Participant

    Well, that’s exactly it Goq. It wasn’t available after traffic cleared and he made the u-turn. That’s why he told the driver who made it unavailable that he was waiting to be able to get the spot when he saw that driver come from afar and take it.

    #1094882

    popa_bar_abba
    Participant

    I had a friend in yeshiva who drove a tow truck. Ever see a tow truck being towed? No. He used to park wherever he wanted.

    #1094883

    popa_bar_abba
    Participant

    I had a friend in yeshiva who drove a tow truck. Ever see a tow truck being towed? No. He used to park wherever he wanted.

    #1094884

    👑RebYidd23
    Participant

    I never had a friend in yeshiva who drove a tow truck. Ever see a tow truck being towed? No. He would parked wherever he wanted.

    #1094885

    ☕ DaasYochid ☕
    Participant

    Ever see a tow truck being towed?

    Yes, actually. What do you think happens when it breaks down?

    Also, they can get tickets.

    #1094886

    👑RebYidd23
    Participant

    Tow trucks do get towed, but most people don’t see it.

    #1094887

    Chortkov
    Participant

    ??? ????? ?????… Was it a free parking space? Or is it considered a ????

    #1094888

    TheGoq
    Participant

    It’s one thing if your in a store/mall parking lot and the one car is waiting on the other side of the car thats pulling out and the pulling out car pulls out in the direction that puts that waiting car at a disadvantage and then someone who comes after from the other direction chops arein that is clearly wrong is the case you mentioned i find no fault with the car taking the spot.

    #1094889

    crgo
    Participant

    If I was the one who had pulled into the spot, I would definitely pull right out.

    #1094890

    DaMoshe
    Participant

    In most places where you’re searching for parking, it’s illegal to make a U-turn (I believe it’s not allowed in any commercial area.) Therefore, the guy has no right to the parking spot.

    #1094891

    Joseph
    Participant

    Yekke: It’s free street parking.

    DaMoshe: And if it isn’t a u-turn but rather a two-way street with vertical parking, and a car is waiting for traffic to clear from the opposite direction so he can make a left-turn into the parking spot, when someone passing from the same side of the street as the parking spot pulls right into it?

    #1094892

    feivel
    Participant

    Its (sort of) the first sugyah in B’M.

    Seeing something with the intention to acquire it doesn’t work.

    The first one to do a Kinyon gets it. I guess the question would be what’s a “kinyon” on the right to use a space.

    #1094893

    Chortkov
    Participant

    Free parking – don’t remember the sugya well, but isn’t there a ?????? ??? ????’ whether something free is included in ??? ????? ??????

    #1094894

    Chortkov
    Participant

    ???? ????? ????

    #1094895

    flatbusher
    Participant

    Why was the guy waiting on the other side of the street for the space to open up? I probably would pull out because why fight over a space, but really, if he wanted to make sure he got it, he should just have parked right behind the space.

    #1094896

    Joseph
    Participant

    He wasn’t waiting for it to open, it was available before he got there. He was just waiting for traffic to clear so he could pull in. (Or so he claims.)

    #1094897

    Chaimy
    Participant

    I did that, but instead of making a uturn I went around the block to get that empty parking space and as I was backing in to the spot I noticed a car from the other direction trying to make a uturn right there, and I did not give up the spot.

    #1094898

    YW Moderator-42
    Moderator

    I once saw a guy turn into a parking lot from the exit lane and snatch the handicap spot while someone was about to turn into it. The guy jumped out of the car and ran into the store without putting up a placard – said he was in a rush… So the handicap guy parked behind him blocking in (this last part didn’t really happen but probably would have if popa were around)

    #1094899

    feivel
    Participant

    Yekke.

    Don’t remember the sugya. But I think the masksna is that it’s not koneh unless certain things happen. im yirtzeh Hashem perhaps I’ll have a chance to look it up later today.

    #1094900

    apushatayid
    Participant

    ???? ????? ????

    So, you are proposing that when someone parks in a public parking space he/she is making on a kinyan on the spot and when pulls out is making it hefker again?

    Does the din of Ani Hamihapech apply if I dont know the Ani is trying to take something?

    #1094901

    feivel
    Participant

    Tos B’M ??? ??????. Bottom of bais amid aleph.

    I’m not to good at writing Hebrew. I’ll translate here. You can check on my translation.

    “And this that it says later daf 118 aleph, that seeing Hefker is koneh. This is that he did some maaseh such as that he fenced it in with a small fence.”

    I guess some maaseh that isn’t an actual kinyon, otherwise what does the seeing accomplish.

    #1094902

    Yidesh_kup
    Participant

    Assuming the U-Turn was illegal than the first driver has a right to the spot.

    There is a lot if that going on in Flatbush…illegal u-turns to grab a spot. It is dangerous and a chillul hashem. If the spot is n the other side of the street than it wasn’t meant to be your spot. I

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