As this is in NI, there is no Keeper liability. (not so) Smart Parking have no idea who the driver is and the Keeper is under no legal obligation to identify the driver.
So, the Keeper appeals and only refers to the driver in the third person. No "I did this or that", only "the driver did this or that".
You can simply say in the appeal that the Keeper declines to identify the driver and as there is no keeper liability in NI, the operator should pursue the driver. If they are not clear on that point, refer them to the response given in Arkell v Pressdram (1971).
