Whangārei supermarket slaps fees on freeloaders filling its carpark

For years, visitors to Whangārei's scenic town basin businesses and the Hundertwasser Museum have taken advantage of unrestricted parking across the road at Pak'nSave supermarket. Since September, the supermarket's been saying "no" to freeloaders. Photo / Sarah Curtis

Changes to a Whangārei supermarket’s car parking policy have sparked outrage as drivers of previously unchecked vehicles not there to get groceries now cop big fees for using the space.

Before Pak’nSave Whangārei introduced a 90-minute customers-only restriction at its carpark in September, anyone could leave their vehicle for as long as they wanted.

However, the store’s customers complained they couldn’t get a park for their legitimate grocery shopping – too many other people were using the carpark while at work or to visit other nearby businesses.

A spokesman for the store said there had been “overwhelmingly positive feedback” to its new rule but recent social media posts tell a different story.

Numerous people have criticised the store’s actions after receiving unexpected tickets and are querying whether the enforcement action is even legal.

They also say Whangārei District Council should step up to fill a need in the area for alternative free parking options.

Among those caught out by and unaware of Pak’nSave’s new rule was Paula Kalkhoven, who works at Direction Recruitment in the Town Basin.

Kalkhoven said she’d never previously used the carpark for work as she had off-street allocated parking.

But on November 8, she went grocery shopping and then popped into her office for an hour. Her car was in the store carpark for a total of three hours.

She thought there was probably a time limit for the carpark but didn’t think it would be any less than three hours and hadn’t noticed new signage when she drove in.

“You drive in from busy city roads and you’re more focused on not banging into other cars than looking around at signs,” Kalkhoven said.

By passing this sign at the entry to Pak'nSave Whangārei, vehicle drivers agree to abide by store's customers only, 90-minute, parking rules. Photo / Sarah Curtis

During September, Pak'nSave's Whangārei store began enforcing a new 90-minute, customers only, policy. Photo / Sarah Curtis

She was shocked when she later received a $55 ticket. It was “excessive”, especially after she’d spent $200 to $300 at the store, Kalkhoven said.

However, she could see the store’s point of view and the high fee was a good deterrent so she wouldn’t challenge it.

Pak’nSave couldn’t put a number on tickets issued so far as that was done by a third-party provider – Parking Enforcement Services (PES).

The Advocate tried to contact PES but could only reach a call centre in the Philippines, which was not authorised to deal with media inquiries.

Kalkhoven, like critics online, questioned whether 90 minutes was even enough time to get groceries – especially around Christmas when checkout queues were usually long.

She agreed with others who said the supermarket’s move highlighted a failure by Whangārei District Council to provide adequate alternative car parks for Town Basin shoppers.

Shoppers and cafe goers who used to leave their car in Whangārei's Pak'nSave carpark then pop across the road to the scenic town basin (pictured) can't do so anymore. Photo / Sarah Curtis

The council rejected the criticism, saying it continually monitors parking availability in the CBD and adjusted the amount of short-term paid parking versus free and all-day parking to meet demand.

A spokesman said council was reviewing available parking in the CBD and would report adjustments to the current parking layout in the New Year.

The Pak’nSave carpark was a private entity so had never been a consideration for council in making its adjustments, the spokesman said.

Some business owners in the Town Basin agreed that with Pak’nSave no longer an option, there was a lack of alternative parking for Town Basin customers.

Alfe Khan, manager of Mokaba Cafe and Riverside Cafe both in the Town Basin, said the new parking restriction had affected business.

Several customers had mentioned they now had to drive around looking for a park and could often only get one some walking distance away.

Legal experts say entranceway signs are the contractual agreements between PaknSave and vehicle drivers using its carpark so must be clearly visible. Photo / Sarah Curtis

Questioning the legality of the new rules and whether they were even enforceable, someone said online: “Remember the phrase: ‘No contract, no consent!’ Don’t pay just because they asked you for money”.

Legal experts said private enforcement companies do not have any legal ability to charge a fine or fee apart from that which applied to the basic laws of contract.

Given that, there must be clearly visible and consistent signage stating the terms and conditions of the civil contract, for example, that parking times are restricted and fees might be charged if these terms are breached.

Drivers agree to abide by the contractual relationship as they drive past that signage on entry to the carpark.

The contract is with the vehicle’s driver, not the vehicle itself. Therefore, enforcement agencies must be able to provide proof of who drove the vehicle at the time of any alleged breaches – usually by providing photographic evidence.

While there is no government legislation for private parking situations, New Zealand does have a Code of Practice for Parking Enforcement on Private Land, which was introduced in 2015 and can be accessed online.

Its stated purpose is: “to promote industry best practice to ensure the control of parking on private land is fair and undertaken professionally, to describe the enforcement tools that may be used and the processes to resolve disputes”.

Sarah Curtis is a news reporter for the Northern Advocate, focusing on a wide range of issues. She has nearly 20 years’ experience in journalism, much of which she spent court reporting. She is passionate about covering stories that make a difference.