Loch Quoich parking charge

[Bastonjock]

I can't see how they can justify a tenner , for a tenner I can park my camper at sites that offer water and alsan disposal included in that tenner , inspired at Stoer lighthouse last year and was charged a fiver ,I asked for a receipt and was told that she did not have one

There's also an enquiry going on to start charging motorhomes for accessing the islands ,the perception of a lot of people is that those camping in tents or motorhomes are freeloaders ,they do not see the money that is spent in local shops and pubs etc

[NickyRannoch]

The absence of any signage would effectively preclude any argument that you had entered into a contract with the estate to pay for your access to the parking spot.

I think the best they could achieve would be to seek your removal from parking on land to which you had no right of motorised access, that wouldn't be achievable until long after you had left.

I was told that I was on private land and was asked to either move on from the spot, or pay a £10 fee to park there overnight......

..........I laughed and disputed the request, then moved on to another spot, and did not pay.

You didn't dispute the request - you obeyed the request, which was to either pay up or move on. If you'd had a couple of beers and were unable to drive I think you could have refused to do either, but it can be a bit unsettling having the confrontation.

There doesn't need to be signage. An agent of the landowner explained the contractual terms of parking a motorised vehicle on the landowners private land.

Signage would only be relevant in the event that someone received a charge notice through the post having been unaware such conditions were in force.

There are various remedies open to the landowner including seeking a court order to have the vehicle removed. Asking a court to enforce the contract. Another is to seek damages by way of a "fine".

Courts in Scotland have now found that the damages do not need to be related to loss and can be punitive as a reasonable method of discouraging parking.

The difference between Scotland and England is the pursuer may not pursue the registered keeper and can only seeking damages from the driver. In this case it seems obvious who the driver is.

So, is the 10 charge enforceable? Yes, if you wilingly agree to the terms of the contract by staying on the land. No, if you leave having been made aware of the contractual terms. There is no consensus in idem.

[Sunset tripper]

In theory all of the above may possibly be true but in reality it is very unlikely to ever go to court.

It is good these things are being highlighted though, and hopefully these loopholes in the access legislation can be addressed before it gets totally out of hand.

[NickyRannoch]

No it would never go ahead but to answer the specific question from the OP is it enforceable? The answer is yes. All contracts are enforceable.

I'm more interested that the estate think someone might have cash on them.

I pay for NTS parking as they have the facility to donate online. I don't pay for forestry commission because in the year 2021 I'm not making a special trip to a cash machine and then a further trip to a shop to buy something unnecessary just to pay for the parking.

[AJ01]

...
I asked for a receipt and was told that she did not have one

...

A possible solution is to provide your own. Before handing over the cash, take a piece of paper and a pen, write on it "Received the sum of [insert fee paid] for parking for [number] night(s) at [insert location] by [insert name of person requiring payment] on behalf of [insert name of relevant estate or other landholding.]" Ask the person requiring payment to sign and date it.


If the person asking for payment refuses to sign the receipt, then decline to make the payment, since it is (AFAIK) a legal requirement to provide a receipt for a payment made in cash if the payer requires it. As you will have in your hand the payment, the receipt requiring a signature, and a pen with which to sign it, you are showing full willingness to make the required payment, and if the person asking for payment refuses to sign the receipt then they are the one at fault for preventing payment of the parking fee.

Angus

[UpperGlengarry]

The stalker roaming about Upper Glengarry asking people for money works for the owner of the former East Glen Quoich Estate, now known as Tomdoun & Tuxford Estates. He is not from Kingie Estate. Of two stalkers who live at Kingie, neither work for Tuxford Estates. Local residents welcome visitors and support traditional Highland hospitality.

[ScotFinn65]

No it would never go ahead but to answer the specific question from the OP is it enforceable? The answer is yes. All contracts are enforceable.

I'm more interested that the estate think someone might have cash on them.

I pay for NTS parking as they have the facility to donate online. I don't pay for forestry commission because in the year 2021 I'm not making a special trip to a cash machine and then a further trip to a shop to buy something unnecessary just to pay for the parking.

I have very limited knowledge of the law. However, from my recollection of Scots law, there is only a contract if there has been an Offer and Acceptance. In this case the landowner representative could be interpreted as making the offer and the OP accepting by staying(as been already suggested). However, this can be supported only by Writ or Oath, as there was no written agreement in this case, it would require the oath of 2 persons to uphold the contract.

As the landowners representative was alone, my interpretaton is that this contract (if one ever existed) is not enforceable.

[NickyRannoch]

No it would never go ahead but to answer the specific question from the OP is it enforceable? The answer is yes. All contracts are enforceable.

I'm more interested that the estate think someone might have cash on them.

I pay for NTS parking as they have the facility to donate online. I don't pay for forestry commission because in the year 2021 I'm not making a special trip to a cash machine and then a further trip to a shop to buy something unnecessary just to pay for the parking.

I have very limited knowledge of the law. However, from my recollection of Scots law, there is only a contract if there has been an Offer and Acceptance. In this case the landowner representative could be interpreted as making the offer and the OP accepting by staying(as been already suggested). However, this can be supported only by Writ or Oath, as there was no written agreement in this case, it would require the oath of 2 persons to uphold the contract.

As the landowners representative was alone, my interpretaton is that this contract (if one ever existed) is not enforceable.

This is is more like it. Who cares about the best multi day route in the Cairngorms Takes me back to my mooting days

So in Scots law verbal contracts are legally binding contracts and enforceable and the actions of one party can be regarded as tacit acceptance of the contract. Again, this is enforceable.

What you are talking about is evidence and indeed, if the agent of the landowner has been remiss in not taking photographs etc then they could struggle to evidence that they fulfilled their part of the contract - which has nothing to do with the principle of enforceability but may affect the practicality of enforceability.