Rikki-UK:
Vosa would not prosecute through the courts, it will simply issue penalties for each offence on the card for the previous 28 days.
then it would up to be the person to contest the fixed penalty in court as is their right. they would argue ( quite legitimately) that they have followed the DFT guidelines , the judge would then decide wether the guidance is in line with the legislation. It happens more than you may realise in UK courts that test cases are bought to define the law where the prosecution will ask for no penalty to be given, and even where the defence costs have been paid, I doubt that this is important enough for that, just so a judge can give a ruling on the rights or wrongs of the case
Furthermore very few drivers could afford to contest a fixed penalty in court.