Parking up overnight (or through the day) on private ground without the landowner's permission is illegal. It's a breach of s.34 of the Road Traffic (Scotland) Act 1988.
Scottish outdoor access rights do allow for "wild camping", but as with all other access rights it only extends to non-motorised activities and needs to be done responsibly. Even when "wild camping", the Scottish Outdoor Access Code advises campers to seek the landowner's permission if close to a house or buildings.
Apart from staying on the right side of the law, there are other good reasons to ask a landowner's permission before parking up a campervan. Firstly the quite track you've picked might be a fairly regularly used route for farm vehicles accessing fields or woods, so you could be blocking it for its intended purpose, if you ask, the landowner might in these instances be able to offer you a more suitable spot. Secondly, the landowner isn't to know that a vehicle hasn't been stolen and abandoned on his land or that the campers' motives are genuine. If you ask, you'll set his or her mind at rest.
We don't question parking charges in urban areas, private or municipal, and most car parks don't allow overnight parking.
I don't think owners of estates should be expected to provide free parking if they choose not to. Estates have many different business models, many do provide free parking during business hours, particularily when other income streams from their visitor attractions help to subsidise the cost of installing and maintaining car parks, paths and other services provided for their visitors.
Unauthorised overnight parking is a different issue. An apparrantly abandoned car raises concerns locally. Who and where are the car's occupants? Why are they parking overnight? What are they doing? Have they asked the owner of the estate if it would be ok to park overnight? These are the questions that the local police officer and Rural Special, coming across a car parked overnight might be asking.
My question about private estates charging for overnight parking was in relation to campervans and campers who perhaps arrive in the middle of the night and pitch up on a private piece of ground at the side of the road, usually off a lay by on a single track road in the middle of nowhere.(E.g a vast Highland wilderness!) I realise my question wasn't specific enough. Apologies! I take up what Daye Tucker has said but what if for example campers awake to someone demanding payment for their overnight stay? Is this legal? I realise that there are a number of camp sites dotted around the country although many people prefer to go solo. This hardly constitutes a warm Highland welcome especially as this is Scotland's Homecoming year. What message does that give off to visitors to our country? Will campers with transport eventually be confined to designated camp sites only?
The excitement and freedom to "go solo" and pitch up, wherever and whenever you like must be weighed against the element of risk you are prepared to take when you enter unknown territory, ie not an authorised camping site. The most valuable tools for solo adventurers , are great communication skills and a sense of humour.
Scotland has the most liberal access laws in Europe under the Scottish Land Reform Act, but they do not extend to unauthorised access for motorised vehicles. So the question firstly, must be asked, "did you have permission to park/camp there? Clearly you were given the opportunity to obtain permission through a payment.
Under the law, "wild camping" is permitted. The intention was to allow the genuine walkers carrying their tent, to pitch it where they need to rest, shelter or sleep, overnight. Unfortunately too many misinterpret this section of the law by arriving in cars, and pitching campsites right beside them.
Unintentionally, this has created enormous problems, ranging from ecological vandalism, antisocial behaviour, litter, human waste and flytipping of cheap supermarket throwaway camping equipment. All of which, has by law to be cleared by the landowner whether that be an individual, the Forestry Commission, the National Parks etc.
I do however think you have been unfortunate, and you may have been the victim of someone's bad mood!
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Overnight Parking charges
Parking up overnight (or through the day) on private ground without the landowner's permission is illegal. It's a breach of s.34 of the Road Traffic (Scotland) Act 1988.
Scottish outdoor access rights do allow for "wild camping", but as with all other access rights it only extends to non-motorised activities and needs to be done responsibly. Even when "wild camping", the Scottish Outdoor Access Code advises campers to seek the landowner's permission if close to a house or buildings.
Apart from staying on the right side of the law, there are other good reasons to ask a landowner's permission before parking up a campervan. Firstly the quite track you've picked might be a fairly regularly used route for farm vehicles accessing fields or woods, so you could be blocking it for its intended purpose, if you ask, the landowner might in these instances be able to offer you a more suitable spot. Secondly, the landowner isn't to know that a vehicle hasn't been stolen and abandoned on his land or that the campers' motives are genuine. If you ask, you'll set his or her mind at rest.
Private Estate Car Parks
We don't question parking charges in urban areas, private or municipal, and most car parks don't allow overnight parking.
I don't think owners of estates should be expected to provide free parking if they choose not to. Estates have many different business models, many do provide free parking during business hours, particularily when other income streams from their visitor attractions help to subsidise the cost of installing and maintaining car parks, paths and other services provided for their visitors.
Unauthorised overnight parking is a different issue. An apparrantly abandoned car raises concerns locally. Who and where are the car's occupants? Why are they parking overnight? What are they doing? Have they asked the owner of the estate if it would be ok to park overnight? These are the questions that the local police officer and Rural Special, coming across a car parked overnight might be asking.
Private estates charging for overnight parking
My question about private estates charging for overnight parking was in relation to campervans and campers who perhaps arrive in the middle of the night and pitch up on a private piece of ground at the side of the road, usually off a lay by on a single track road in the middle of nowhere.(E.g a vast Highland wilderness!) I realise my question wasn't specific enough. Apologies! I take up what Daye Tucker has said but what if for example campers awake to someone demanding payment for their overnight stay? Is this legal? I realise that there are a number of camp sites dotted around the country although many people prefer to go solo. This hardly constitutes a warm Highland welcome especially as this is Scotland's Homecoming year. What message does that give off to visitors to our country? Will campers with transport eventually be confined to designated camp sites only?
Private Parking Charges
The excitement and freedom to "go solo" and pitch up, wherever and whenever you like must be weighed against the element of risk you are prepared to take when you enter unknown territory, ie not an authorised camping site. The most valuable tools for solo adventurers , are great communication skills and a sense of humour.
Scotland has the most liberal access laws in Europe under the Scottish Land Reform Act, but they do not extend to unauthorised access for motorised vehicles. So the question firstly, must be asked, "did you have permission to park/camp there? Clearly you were given the opportunity to obtain permission through a payment.
Under the law, "wild camping" is permitted. The intention was to allow the genuine walkers carrying their tent, to pitch it where they need to rest, shelter or sleep, overnight. Unfortunately too many misinterpret this section of the law by arriving in cars, and pitching campsites right beside them.
Unintentionally, this has created enormous problems, ranging from ecological vandalism, antisocial behaviour, litter, human waste and flytipping of cheap supermarket throwaway camping equipment. All of which, has by law to be cleared by the landowner whether that be an individual, the Forestry Commission, the National Parks etc.
I do however think you have been unfortunate, and you may have been the victim of someone's bad mood!