My grounds for appeal
There is nothing to appeal right now. You can ask them to consider information or prepare a DEFENCE for court.
is that whilst travelling on the M1 late at night (1.30 am) having just got back from holiday so had spent a whole day travelling so a little bit tired
Suggesting you were unfit to be driving is not likely to help your case, you were either fit to drive or you were not, you can't make a defence of 'only just fit but not able to drive properly'!
all of a sudden there were 3 X X X’s in front of us signifying lane closures ahead. It took me a little bit by surprise and gave no indication as to how far ahead the lanes would be closed.
The red X has the same meaning as a red traffic light, you're not allowed to pass a red traffic light, nor are you allowed to pass a red X (in that lane) no excuses.
My argument is it was not very clear when to move over and gave very little notice to do so. There was virtually no other traffic on the road
So you stop, or move over which should be easy enough if there was virtually no other traffic on the road.
I very much doubt the 42/40 will be progressed, just contravening the Red X.
