Free Traffic Legal Advice

I was travelling overnight from SE Kent to Gatwick Airport (planned 'normal' route M20, M26, M25, M23).
At junction 2A of the M20/M26 slip road, the M26 was coned off and traffic diverted. The diversion signs said follow signs to M25. Once I'd left the planned route I was rather at a loss to know exactly where the diversion was going to take me as the signs simply said M25. I realised that it took me back onto the M20 and then to J3 on the M25. I thought this was to be the end of the diversion and I would continue my clockwise journey around to the M23. However there was still no access to the south western section of the M25, and the diversion continued for some considerable distance on what I later found out was the A21 [I did not at the time have any idea where I was other than following diversion signs to the M25]. I realised I had entered a ULEZ zone and was annoyed that I was being forced into the zone by a diversion I didn't want to make. I followed the route to South Croydon and then on to the M25 where I had to head anti clockwise to pick up the route to the M23 and Gatwick Airport.
On arriving at the airport and talking to a fellow traveller about the difficult journey, and the forced entry into the ULEZ, but I was reassured that if the diversion took me into the ULEZ I would not be charged and indeed, he read out the statement from the TfL site "All ULEZ cameras along the diversion route are switched off.". This reassured me that I didn't have to do anything as I had to the best of my knowledge followed the diversion. This was a relief as I don't have a smart phone and had no real way of paying the ULEZ charge from my destination in Croatia.
However, on returning home 17 days later I received the PCN [see attached]. Not only had I been charged but the fee had increased to £90 because I'd not paid it within the allotted 3 days (which obviously I didn't think I had to do).
I of course made a representation, wrongly assuming it would be a simple matter of explaining the circumstances and in support I sent my Gatwick North terminal Car parking voucher and Flight details to prove that Gatwick was my destination and that I had never intended to go 20 miles out of my way to get there. I was rather naive with my appeal as it was obvious to me that it was only because of the diversion that I had entered the ULEZ and because of that, no fine was chargeable. I had, as far as I am aware followed the correct diversion signs but as I didn't know what roads were involved in the diversion, Farnborough Way meant nothing to me, so it was conceivable I could have gone wrong somewhere.
The representation was not upheld on the basis that, from what I understand in the letter, TfL could find no information on the road being closed or diversion in place!!! I had not sent supporting evidence that the road was closed and consequently I could have paid the ULEZ charge any time in the 64 days leading up to driving - they seem to have completely ignored the fact that I'd never intended using that route so had no reason to pay to use it.
Since receiving the representation refusal, I have contacted the National Highways authority and they have substantiated the road closure and sent a link to the authorised diversion. It shows that Farnborough Way Orpington is part of the official diversion, so as I had thought, I had followed the route as signed.
I certainly had not expected that it would be my responsibility to prove to TfL that the extremely busy and important London Orbital was closed so I suspect they are just flexing their muscle and using threatening means to bully people into paying the fines.
Should I just use the appeal form to set out my case, (I'm concerned that I need to make the appeal as watertight as possible as it is a 'last ditch' attempt to present my case and I don't know what else I need to include).. Or should I write again to TfL with the letter of road closure and route map supplied by National Highways to prove that I was forced to use the official diversion?
I would be very grateful for advice on how to proceed,
thank you in advance
Nick
https://imgur.com/a/SrFNqLS

Thanks Incandescent, I will write to the Tribunal, I'll give it a couple of days to see if there are any further replies. There were  2 sites I later found that said about the cameras, one is a ULEZ Q&A here https://tfl.gov.uk/corporate/transparency/freedom-of-information/foi-request-detail?referenceId=FOI-0311-2324
"If we are made aware that a road will be closed and vehicles will be diverted into the ULEZ, we implement an extensive signage strategy to ensure that all motorists are aware of the diversion and the route to follow. All ULEZ cameras along the diversion route are switched off. As long as the vehicle being diverted follows the diversion route a PCN will not be issued."
The other was a quote from National Highways senior project manager here https://www.echo-news.co.uk/news/24304072.m25-closure-ulez-fee-non-compliant-drivers-ignore-diversions/
"National Highways senior project manager Jonathan Wade said: "Although the (Ulez) cameras will be active, no enforcement action will be taken."
It's like putting a sign up saying Free Parking on Sundays then fining people for not paying the fee - seems a little cynical to me!!

TfL could find no information on the road being closed or diversion in place!!!

Even as far away as sunny Great Yarmouth we'd heard of the M25's overnight and weekend closures this year.
(Picked up from the media - don't TfL staff read the papers or watch TV news??  )

Perhaps the staff at TfL need lessons in using Google (other search engines are available).
Searching on m25 closures april 2024 produces

People also ask
Is the M25 closed in April 2024?
M25 junction 6 to 5 – the M25 junction 6 to 5 anti-clockwise including all relevant slip and linking roads will be closed overnight on Friday 26 and Saturday 27 April 2024.23 Apr 2024
National Highways National Emergency Area Retrofit ...

which link leads to a letter from National Highways which includes

  M25 junction 5 to 6 – the M25 junction 5 to 6 clockwise including all relevant slip, linking roads and M26 southbound to M25 junction 5 will be closed overnight on Sunday 28 April 2024.
      Diversion: M25 junction 5 to 6 clockwise

which last link is a map of the diversion. "Simples!!!"

I should point out in your appeal to the Tribunal not only the utility of Google, but also that Tfl (the key is in the T word) should be working closely with National Highways.


Please post a draft of your appeal here before submitting and opt for a telphone or personal hearing - decisions on papers often go badly.

Somehow, I think TfL may fold before the hearing date.

Have you a copy of your original reps? That will give us a start.

I'd tend to cut down your reps and make it plain and simple.


I had a similar case in December last year, Potters Bar to the M20, a route I do a couple of times a week. Signs for diversion, M25 closed from the M11 junction. The previous week it was similarly closed with the official diversion via Harlow and Chelmsford back to the M25. This evening a diversion sign on the M25-M11 slip point towards London, the only exit there was at the end of the M11 onto the A12, straight into the ULEZ. No further diversion signs. I carried on the A406 then onto the A13 to Dartford Crossing. Got the PCN a week or so later, challenged it on inadequate signage. I'd already contacted National highways and told that the diversion was well signed and that cameras on that route would be switched off. TfL told me the same, but refused my appeal initially. A few weeks later they relented.

There really is a lack of co-ordination between TfL and Highways or whatever they're called this week. It goes to show that neither side knows when cameras are on or off. The only reliable source of that info are the BladeRunners! My case was posted either on here or the old Pepipoo site in December 2023 o January 2024.

@Greengiant96 the one thing you do not want to do is post anything anywhere: if the tribunal form is lost in the post this will turn into a real nightmare to sort out.

Instead, it's far better to simply fill the form it, scan it, and then email it to queries@londontribunals.org.uk (and make sure to tick the two boxes requesting that all communication be sent to you by email, one in section 2 and one in section 7).

This way you get an instantaneous email acknowledgment.

I'm also minded to suggest that on the appeal form you simply write "I rely on my formal representations", there's no reason to show your hand to TFL before they prepare their case summary.

You have to tick the box for a "personal" hearing but once you get the scheduling letter, it's really simple to switch it to a telephone hearing.

By the way can you please post the last page of your notice of rejection?

CP8759 - sorry, our messages crossed - noted re personal hearing, and please find attached last page of rejection letter https://imgur.com/a/LV77Dnb

Outcome.