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Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 10:31
by ghost123uk
Someone at the recent "do" near York told me that technically, any sort of what we call "wild camping" is not legal and you could be "done" for it :shock:

We often go of into the countryside, often in N.Wales, find a forest, then find a secluded bit of wide grass at the side of some out of the way very minor "B" road and camp over.

Most of the research I did on Google came up with rules regarding camping in tents and those rules did not seem applicable.

Found this though, but the first line and the last line seems to contradict the rest of the txt :shock:

The right to wild camping is actually enshrined in the National Parks & Access to the Countryside Act, 1949

Article 6 states:

6 Camping

(1) No person shall knowingly use any vehicle, including a caravan or any structure other than a tent for the purpose of camping on the access land or land set out for the use or parking of vehicles except on any area which may be set apart and indicated by notice as a place where such camping is permitted.

(2) No person shall knowingly erect a tent on the access land for the purpose of camping:

(a) in any area listed in Schedule 2 to these byelaws;

(b) within 100 metres of any public road or in any enclosure.

(3) No person shall camp in a tent on the same site on the access land for more than two consecutive nights, except on any area which may be set apart and indicated by notice as a place where such camping is permitted.

Basically put, you can camp anywhere as long as you are compliant with the above.

What do you reckon re wild camping folks ?

.

Re: Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 19:07
by trebormint
Hi. We wild camped just recently for the first time. It was off a quite little road not far from Avebury, Wilts. It felt good not having to pay just to park up for one night, but my wife hardly slept a wink worrying about some mad axe-man attacking us in our sleep. We weren't completely out of sight from local traffic using the minor B road, & I have to admit for the first half an hour after turning the lights off & settling down, I was very aware of each car passing every five minutes or so, & dreading the thought of one stopping & taking an unkindly interest in us.
Sleep overcame my concerns very quickly & in the morning I was amused to find us surrounded by cars. It turned out we had parked in a small parking area popular with walkers busy changing into their walking boots in preparation for exporing the beautiful hills around there. We did get a few looks as we drew the curtains & made tea & toast.
My wife is not sure if her nerves can take another wild camp but I like the idea especially for a one night stop over.
Legal or not, I find it hard to imagine the police would be bothered about a camper parked up for one night. That wouldn't put me off. It's the thought of some little gang of halfwits determined to upset my day (or night) that does make me consider where a safe spot would be to stop over.

Re: Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 19:15
by treacle
yes it is illegal and yes you can get done but i have have been wild camping and had no bother, even under a no camping sign parked next to a police car they never said anything to me :rofl

Re: Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 21:50
by 1664
This was discussed on The brick-yard a while ago and makes interesting reading :wink:

http://www.brick-yard.co.uk/forum/free- ... 50876.html" onclick="window.open(this.href);return false;

Re: Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 22:49
by a1winchester
1664 wrote:This was discussed on The brick-yard a while ago and makes interesting reading :wink:

http://www.brick-yard.co.uk/forum/free- ... 50876.html" onclick="window.open(this.href);return false;

That's all very interesting reading.
I was once informed that it's also not legal in England and Wales to camp in locations other than licenced campsites as it contravenes the Vagrancy Act. Exemptions are given to organisations such as the Scouts and Girlguiding UK etc. I think that the C & CC are also exempt - that's how they can have their club meets in green field locations.

Having said that, you never hear of truck drivers being prosecuted for kipping in their cabs overnight.

Re: Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 23:35
by nesty
I think what the councils try to stop is a whole bunch of gypo's just pulling up and camping en mass! I don't think many people have probs with wild camping and long as you quiet and considerate!

I am going camping in Scotland at the end of the month. I'll most probably will wild camp.

Re: Is "wild camping" legally allowed ?

Posted: 10 Apr 2010, 23:35
by nesty
I think what the councils try to stop is a whole bunch of gypo's just pulling up and camping en mass! I don't think many people have probs with wild camping and long as you quiet and considerate!

I am going camping in Scotland at the end of the month. I'll most probably will wild camp.

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 00:42
by Bowton Lad
nesty wrote:
I am going camping in Scotland at the end of the month. I'll most probably will wild camp.


Remember that the law in Scotland often differs from the law in England & Wales. :)

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 12:11
by 72BUG
Very nteresting subject and something I've always wondered about.

Now living near the coast and having worked at a caravan park I know (from regular pikey invasions) that moving someone on when they have decided they are setting up camp is a legal nightmare involving court orders and lots of time. So from a practical point of view although technically illegal I think that if you got a visit from local plod and explained that you are just spending the night, not causing any damage, making any mess, blocking any access etc, they would quite happily accept this as it saves them a massive amount of paperwork. Although I would expect that they would run your numberplate and ask for your name then check back the following day to check that you had moved on. None of this I have a problem with. The police, at the end of the day have a job to do.

Now heres a scenario. What if the said officer is a pedantic pr**k (as they exist in every walk of life and profession) and decides that as he's taken time out of his busy evening to stop and harass you he's gonna either move you along or nick you for something. My question is this. Assuming you have been parked up for a couple of hours you would most likely have strapped on a nosebag and washed it down with a couple of glasses of wine or a few beers. So "Sorry officer but I can't move my van, I've been drinking". Another good excuse not to move. But where does this leave you with regards to the law of being drunk in charge of a motor vehicle? Lets assume that you have had the sense not to leave the keys in the ignition and they are in your pocket or stashed away somewhere inside the van.

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 15:30
by ajp
72BUG wrote:But where does this leave you with regards to the law of being drunk in charge of a motor vehicle? Lets assume that you have had the sense not to leave the keys in the ignition and they are in your pocket or stashed away somewhere inside the van.

This has been covered here before sometime ago, basically your screwed. If your in the vehicle and you've been drinking you can be done. It doesn't matter if you have a full bulkhead seperating front and back. But... can you be done for drunk in charge if your on private ground? If your not on the road or a public layby what then?
:?: :?: :?: :?: :?: :?: :?: :?:

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 17:18
by 1664
No the police have to show intent to drive - hardly a problem for them if you're in a car but if there's a pile of washing up, the beds made and you're in your jimjams that's different.

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 17:21
by 72BUG
1664 wrote:No the police have to show intent to drive - hardly a problem for them if you're in a car but if there's a pile of washing up, the beds made and you're in your jimjams that's different.
Excellent! So I can get as p155ed as I like as long as I leave the washing up 'till morning. :ok

I usually do anyway. :lol:

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 18:30
by ajp
1664 wrote:No the police have to show intent to drive - hardly a problem for them if you're in a car but if there's a pile of washing up, the beds made and you're in your jimjams that's different.

Ah, but we're talking about the pedantic pr**k scenario. If your in the vehicle and in possession of the keys a pedantic pr**k will be quite happy to claim that as intent to drive why else would you be in there with keys? Its a question of interpretation of the letter of the law and a pedantic pr**k...

A had this conversation with a mate of mine in Devon & Cornwall constabulary. He also assured me that if the mood took him he could always find a reason to arrest someone. Regardless of how co-operative you were or innocents. Granted he said it wouldn't stick but it would be good enough to get you in front of the custody sergaent.

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 19:26
by jamesc76
ajp wrote:A had this conversation with a mate of mine in Devon & Cornwall constabulary. He also assured me that if the mood took him he could always find a reason to arrest someone. Regardless of how co-operative you were or innocents. Granted he said it wouldn't stick but it would be good enough to get you in front of the custody sergaent.


Ahhh yes but if he did and no charge could be stuck on you then sue um for wrongful arrest!

Re: Is "wild camping" legally allowed ?

Posted: 11 Apr 2010, 19:48
by ajp
jamesc76 wrote:Ahhh yes but if he did and no charge could be stuck on you then sue um for wrongful arrest!

Best of luck with that one :rofl