The only way this will be dealt with is by appealing as the Keeper. No appeal will be successful but you have to go through the motions. Eventually a court claim will be made and if you follow all the advice, it will eventually either be struck out or discontinued. the whole process will take anything from 9 months otherwise a year or more.
The operator has no idea who the driver is and the Keeper is under no legal obligation to identify the driver. So, no inadvertently blabbing the drivers identity. As the Keeper, you always refer to the driver in the third person. No "I did this or that", only "the driver idi this or that".
First step is to follow this advice:
There is no legal obligation on the
known keeper (the recipient of the Notice to Keeper (NtK)) to reveal the identity of the
unknown driver and no inference or assumptions can be made.
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. UKCPM 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. UKCPM have no hope should you try to litigate this matter, so you are urged to save us both a complete waste of time and cancel the PCN.
Come back when you receive the appeal rejection.