Published on May 26th, 2019 | by Daniel Sherman Fernandez0
Double Parking, The Law Is NOT On The Side Of VANDALS
In recent weeks we have read numerous newspaper articles relating to double parking and the hazards that come along with it. Although, one should not condone double parking but does that in itself give the right to the person whose vehicle is blocked to vandalise, damage or cause hurt to the person causing the obstruction?
Double parking, essentially means that a person(s) parks a vehicle along a car that it already parked in a parking lot or by the side of the road. This is common at high density housing estates, where there are many entertainment outlets and restaurants.
Although the persons, who double park indiscriminately, without consideration, lack of civic mindedness and heights of selfishness, can simply avoid doing so by merely leaving their contact details on the car dashboard, to allow them an opportunity to remove their vehicle, but even this simple act is not done. There are times when the persons who double park can avoid this sticky situation by parking at a paid car park but they refused to do so and for want of a better word is being penny wise and pound foolish.
Be that as it may, does this then give a right to the person whose vehicle is obstructed to damage, vandalise and/or assault the person who caused the obstruction? The answer must surely be in the negative. No modern society will encourage any form of violence. As frustrating as it may be taking the law into your own hands is certainly not the answer. A one moment of madness may lead him to be prosecuted under the penal code.
There are numerous provisions under the penal code pursuant to which action may be taken viz. s 268 of the Penal Code (causing Public Nuisance) which is punishable under s290 of the Penal Code – fine up to RM 400, Charged under s 319 and 321 of the Penal Code (causing hurt or voluntary causing) which would be punishable under s 323 of the Penal Code – may be imprisoned for a period of one year or fined up to RM 2000.00 or both. If there is only damage to the vehicle, one may be charged under s 425 of the Code, for causing mischief which include causing damage to property belonging to another, the said offence is punishable under s 426 of the Code, with imprisonment which may exceed a term of 5 years and fine or both.
Although the act of double parking is not to be condoned but that in itself does not clothe the person who is obstructed to take the law into their own hands. It is always better to deal with the situation in a calm and collected manner as opposed to a knee jerk reaction, which may result into a criminal investigation. It would also be useful if one has experience habitually been obstructed to inform the relevant authorities, so that they may increase their patrols in the said area and summon those persons causing the obstruction as a deterrent.
The above advice comes from Harjinder Singh
C-8-2, Block C, 8th Floor Megan Avenue II
No 12 Jalan Yap Kwan Seng
50400 Kuala Lumpur