Laughing Bear, I think in this case, Probyn was clearly utilizing Deep Creek for day use. As he mentioned, he left the spring as it was getting dark, and was driving out past Bowen Ranch after sunset. I've left Deep Creek after dark hundreds of times, and never been stopped by MC. In fact, the gate (chain) is usually down for a time after dark so people can get out.
MC obviously could see he was leaving. Of course MC can in theory charge whatever he wants - but in this case it looks like simple extortion.