Does sleeping In a Bivi mean you are not technically camping?
Q. Just a quick question regarding the legalities of wild camping.
Are you still wild camping if you haven't pitched a tent?
I am looking to take my son on a long distance walk but don't want to do too much planning so we can have the maximum freedom to decide what we do and where we go.
I'm a pretty competent hill walker so want to maximise the experience.
I wonder if anyone can help me out with this!
Mark Taylor, Northampton
A. I understand that the law regarding wild camping is one of trespass - so it wouldn't make any difference whether you actually erect a tent or not - you are still trespassing and maybe subject to a civil law suit if you do not have permission to wild camp.
Sorry about that - but the information below might help.
Mike (editor)
A. Picking up on the point about trespass, contrary to the many notices you can never be prosecuted [for trespass] but you can be sued for damages.
Since a competent camper will go without much, if any, trace and given the nature of terrain - no damage should arise leaving a claimant only nominal (10p!) damages.
I believe it possible for certain organisations to pass a bye-law against wild camping on their land and then you could be prosecuted for breaking that law.
Chris Evans, Evesham.
A. Further to Chris Evans' point above - whilst I agree the amount of damage a responsible wild camper can cause is minimal - the potential cost of being sued by a rich and unreasonable land owner is much higher than 10p.
What about the legal fees for bringing the case to court - which you will probably have to pay if you lose?
In any event you would certainly have to pay for your own defence.
Why not just ask first? And if in doubt, wild camp somewhere else.
Clive Findlay, Settle
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