If you feel the police have got it wrong, you can still go to court and argue your case.
I frequently pass traffic on the left hand side on motorways.
In fact the person who is hogging the fast lane or middle lane and refusing to move left if the one that should be done for "careless driving". In those instance I don't the police would penalise you.
The Highway code states:
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Highway Code rule 268 advises against undertaking on a motorway: "Do not overtake on the left or move to a lane on your left to overtake"[4]. On other roads you can "only overtake on the left if the vehicle in front is signalling to turn right" (rule 163). On all roads, undertaking is permitted if the vehicles in the lane to the right are queueing and slow moving.[5] Undertaking in an aggressive or reckless manner could be considered Careless Driving or more seriously Dangerous Driving, both of which are legally enforceable offences.
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As you can see it's far from black and white. especially:
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undertaking is permitted if the vehicles in the lane to the right are queueing and slow moving
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It doesn't define "queing"
If a car in the right hand lane is doing say 60mph, and there is a line of cars behind it, then that could quite correctly be defined as queing, and in relation to the speed limit "slow moving"
So if you undertake in a "non-aggressive" manner then I fail to see how the police could do you.
And if they did, go to court and argue your case.
Even if you lost it's very doubtful you would be penalised anymore that the original fixed penalty.