Tonyshortstraw:
Thank you all for your input. I will appeal but Im not holding my breath. The truth is I was thinking very deeply at that moment about something that was troubling me, and that’s why I missed the signs.
Finally, come to think of it, I should have said my favourite 10 words to this cowboy vosa [zb]. “I will bring you a glass of water… when I visit you in Hell.”
If you’ve already been given a Fixed Penalty Notice, you have two options - accept the fixed penalty or go to court. If you reject the fixed penalty, that offer never returns - your guilt and any penalty is a matter for the court.
Your explanation is very human and something we all do sometimes, but it could be seen as an admission of driving without due care and attention. Arguing for leniency in relation to one offence by admitting another offence that usually attracts a higher penalty doesn’t seem very sensible.
I haven’t got any reference material in front of me to be certain about it, but I’m fairly certain the offence you are accused of is “strict liability” (it doesn’t matter why you did the act in question, just that you did it) and believe it attracts mandatory penalty points.
If my memory serves me correctly on those points, it only seems worth going to court if you believe you have a valid defence, which may well be technical in nature. At the moment I’m struggling to think of a defence that might apply, though it’s possible there is something wrong with the signs, the legal arrangements imposing the new mandatory limit or the Fixed Penalty Notice. You’ll probably have to engage a solicitor (at your expense unless you have done sort of legal representation arrangements, such as through a union) if you want to hunt for a defence. If you have a choice, I’d engage a solicitor specialising in road traffic law.
If you would have no alternative to pleading guilty in court, or you intend to plead not guilty but don’t rate your chances of being found not guilty, going to court rather than taking the fixed penalty seems pointless.
If the offence involves mandatory points and you are found guilty, the court has to give you the mandatory minimum points and might have the discretion to give you more points than are part of the fixed penalty currently on offer. The total financial outlay for the fine, victim surcharge and court costs after a guilty verdict is likely to be several times greater than the fixed penalty - and your loss of earnings whilst attending court is on top.
Annoying as it is, your best option might well be to accept the fixed penalty. However, nobody else can tell you what to do.