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.
(https://www.google.com/maps/d/viewer?mid=1xjlApkqH_ORKr5fd6up_v6GJuXGv9mM&ll=51.362801985665875%2C0.07317741325964189&z=15)
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