Suspicious Car Park Charges for Walkers and Climbers

A recent issue reported to the MCofS has prompted the MCofS to offer advice to walkers and climbers who are accosted for suspicious car parking charges at unofficial car parks.

We are concerned about the legality of attempts to impose this kind of charge because without planning consent such an operation could land the operator in trouble with the law, as well as creating difficulties with the Inland Revenue if they are not disclosing this source of income, and possibly raising their level of liability if they are not properly insured for the damage that could occur to vehicles whilst in their supervision. There is also the issue of whether the person making a charge owns the land, or is in the employment of the owner. For example, a road verge is likely to be the property of the local authority, but the neighbouring owner might attempt to charge for parking there. MCofS Advice.

If you are in doubt about a person's attempt to charge for parking, the MCofS offers the following advice.

• The decision as to whether to pay or not is up to you at the time.
• You can ask the person if they have planning permission for a car park.
• You can ask on how many days in the year the charge applies. (More than 28 days would require the site to have planning permission).
• You can ask whether this income will be declared to the Inland Revenue.
• You can ask if they would be prepared to give you a signed receipt. If you do pay, always obtain the signed receipt.

We cannot understand the mentality behind some of the unwelcoming attempts to illegally charge for parking, or to ask for donations to climb a hill (Ben More on Mull in 1998). We believe that a sign saying "Eggs for sale" or "Potatoes for sale at the farm" would be seen as a welcoming gesture and an offer that many of us would happily go and take up.

If you encounter any incidents with suspicious attempts to charge for parking, please let the MCofS know about it. If at all possible, send us an Access Problem Reporting Form with a copy of the receipt. Local authorities are generally keen to check out this kind of incident.