You have an excellent chance of appealing. However, do not expect Gemini or the kangaroo court of the IAS to uphold any appeal.
The Notice to Keeper (NtK) is not PoFA compliant which means they cannot hold the Keeper liable for the charge, only the driver. They have no idea who the driver is, unless the Keeper blabs the identity to them.
There is no legal obligation on the Keeper to identify the driver to an unregulated private parking firm. Without the drivrpers identity, they could never win in litigation, which is as far as they will take this, in the hope that you are low-hanging fruit on the gullible tree and likely to pay up out of ignorance and fear.
It is a protracted process but if you follow the advice you will not be paying a penny to Gemini. You will also learn some useful life lessons on your rights.
The NtK is not compliant with all the requirements of PoFA which means that if the
unknown driver is not identified, they cannot transfer liability for the charge from the
unknown driver to the
known keeper.
Use the following as your appeal. No need to embellish or remove anything from it:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. Gemini has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable. Gemini have no hope shouod you be so stupid as to try and litigate, so you are urged to save us both a complete waste of time and cancel the PCN.
