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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice.
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Hi I have just received a NIP from Northants Police Safer

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Hi I have just received a NIP from Northants Police Safer Roads Team
3 days ago recorded speed of 40 mph in 30 mph at Dingley (Leics) A427.
There are no street lights on that road through village therefore is the offence enforceable?
GSP from Mkt. Harborough

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

Is this your first speeding offence?
Customer: replied 4 years ago.

I have a clean licence - no points etc however I did attend a safety course in Leicester about 5 years ago

Were you speeding?
Customer: replied 4 years ago.

Yes - I,m afraid so but it was 32 in a 30 in Oakham Rutland on a sunday and over 5 years ago

No, sorry I meant on this occasion?

You accept travelling at speed this time?
Customer: replied 4 years ago.

Sorry - yes I do believe I was travelling over the 30 limit and have just received the photos by email from police showing 40mph


The short answer is that it doesn't invalidate the prosecution but there might be a defence.

If this is a 'restricted road' then that is governed by S81-81 RTRA which you'll find here

which basically demand street lights no less than 200 yards apart.

On the face of it, this tends to look very encouraging. I was a grade one prosecutor for years and I know that the practical reality is that police officers are not going to go out and measure how far apart street lights are so the Crown often drop these things.

If that does happen then that is wonderful.

However, you should be aware of the risk that they will dig their heels in and contest this.

200 yards apart or not, there is very damaging case law on this point. The case of Peake leads at the moment. S85 RTA demands that 'adequate guidance' be supplied of the speed limit. For many years it was though that meant total compliance and any imperfection allowed a speeding motorist to escape. However, unfortunately Mr. Peake decided to appeal this point and the decision was that if there are errors then they must be such as to confuse the reasonably observant motorist.

That is not to say that you cannot win. Often signing is inadequate in the UK.

Can I clarify anything for you?

Jo C. and other UK Traffic Law Specialists are ready to help you
Customer: replied 4 years ago.

There are NO lights through the village of Dingley! Dingley is on the A427 between Mkt. Harborough and Corby

Are there reminder or warning signs of 30 mph zones?

That would be adequate if so.
Customer: replied 4 years ago.

Just checked on Google Earth and physically - yes there are repeater 30mph signs - the speed limit is approx. 1 mile and there are 4 signs in total - one at each end and 2 in middle. Games up it appears however why are the Northants Police issuing NIPS for Leicestershire ( Dingley is in Leicestershire - its Post Code is LE16


How close is the nearest one to this particular location
Customer: replied 4 years ago.

I don't understand - do you mean how close is the nearest 30mph sign to the speed camera van or to my vehicle at the time?


I'm happy to continue with this but please rate my answer.
Customer: replied 4 years ago.


I don't understand - do you mean how close is the nearest 30mph sign to the mobile speed camera van or to my vehicle at the time?

Well, both really. Surely they were in the same place?