Home > Ask Our Experts > Does an NIP have to be Served Within 14 Days?

Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 15 Jan 2018 | comments*Discuss
 
Speeding Camera Ticket Notice Of

Q.

I have just received a letter about a speeding offence that allegedley took place on the 19th August. I received the letter (dated 24th September), on the 25th September.

I was under the impression that the NIP had to be served within 14 days. This is clearly over that time, so I was wondering if you thought I would be able to use this technicality as a defence?

(Mr Adrian Moore, 4 October 2008)

A.

If you are caught on camera committing a motoring offence, before any action can be taken against you, it is a legal requirement that you must to be informed that you have been caught breaking the law and that the authorities intend to prosecute.

Because you were 'caught on camera' rather than being stopped and served with intent to prosecute by a police officer, a Notice of Intended Prosecution or NIP, will be sent out to you - and this document will be set out in a way that complies with the regulations laid down in the Road Traffic Offenders Act 1988.

Most typically, NIPs relate to speeding offences and running red lights, or similar offences and the obligation is on the authorities to have sent out the Notice in a timely fashion so that it arrives within 14 days of the offence being committed.

So what's with the 14 day limit?

The 14 day limit refers to the amount of time that the Police need to process the original Notice of Intended Prosecution. There is a lot of misinformation about the 14 day rule, but the facts are:

  • It’s not up to the police to prove that the NIP reached the registered keeper within 14 days
  • It is up to the police to be able to prove that in the normal course of events, the NIP would have arrived at the last known address of the registered keeper within the 14 day time limit

Can you explain that a little more?

The onus is not on the police to chase down the registered keeper of the offending vehicle: all they have to do is prove that they sent out the ticket in time to reach the registered keeper within 14 days if there are no ‘unusual events'.

Can you give me an example of 'unusual' events?

Things such as a postal strike, or the registered keeper no longer being at the last known address. If this happens, the ticket will not be considered void as best endeavours were undertaken to contact those responsible. If the registered keeper is, for example, a leaseholder - or company car driver ,then the driver may well be unaware of the offence within 14 days - but as long as the NIP arrived at the last known address of the registered keeper - the head office or leasing company - in time, that's what matters.

Tickets issued over the 14 day limit

If the issue date of the NIP sent to you was more than 14 days after the alleged offence took place, than you can refuse to accept it on the basis that it is time barred. This is certainly true in your case and if you appeal against the ticket on these grounds you should have no problem getting the ticket cancelled.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Hi, I committed an offence, I was on 30 miles speed in a 20 miles speed road. The offence was on the 10/10/2017 and I have got the letter on the 12/01/2018. Can I contest it?
TONINO79P - 15-Jan-18 @ 11:49 PM
Theeox - Your Question:
I have been given a NIP on 09/01/2018 by the company I "worked" for ( I have now lost my job as company say I will receive a ban) apparantly I was doing 35mph in a 30mph.The offence was 29/11/2017 and the NIP received is dated 29/12/2017 to which I have 28 days to respond from that date.I have 9 points already and am concerned.But can I refuse the NIP due to it being dated 4 weeks after offence??

Our Response:
No, it sounds as though you are not the registered keeper of the vehicle so the police have longer to trace the driver. Your only hope is that you are offered a speed awareness course rather than points/fine.
NoPenaltyPoints - 15-Jan-18 @ 3:16 PM
Dan - Your Question:
I got an NIP dated 12th December for speeding on the 16th November. I did not at the time know about the 14 day rule so signed the admission and sent it back. The penalty notice I recieved mentioned it in some FAQs on the back - am I now too late to challenge the original NIP having admitted it and sent the 'evidence' back?

Our Response:
You cannot use the 14 day rule once you've completed and returned the form saying you were the driver.
NoPenaltyPoints - 15-Jan-18 @ 11:24 AM
I have been given a NIP on 09/01/2018 by the company I "worked" for ( I have now lost my job as company say I will receive a ban) apparantly I was doing 35mph in a 30mph.The offence was 29/11/2017 and the NIP received is dated 29/12/2017 to which I have 28 days to respond from that date.I have 9 points already and am concerned.But can I refuse the NIP due to it being dated 4 weeks after offence??
Theeox - 12-Jan-18 @ 6:55 PM
Trace - Your Question:
Hi I have just received a notice today (10th of january). The letter is dated the 9th of january but the offense was the 4th of December. This is well over the 14 days. I do have a company car so I'm guessing this means that the ticket will stand and there no point in contesting? Just wanted to double check. Thanks.

Our Response:
Yes, unfortunately for you if you're not the registered keeper, the police have longer to trace you.
NoPenaltyPoints - 12-Jan-18 @ 12:59 PM
I got an NIP dated 12th December for speeding on the 16th November. I did not at the time know about the 14 day rule so signed the admission and sent it back. The penalty notice I recieved mentioned it in some FAQs on the back - am I now too late to challenge the original NIP having admitted it and sent the 'evidence' back?
Dan - 12-Jan-18 @ 8:15 AM
Hi I have just received a notice today (10th of january). The letter is dated the 9th of january but the offense was the 4th of December. This is well over the 14 days. I do have a company car so I'm guessing this means that the ticket will stand and there no point in contesting? Just wanted to double check. Thanks.
Trace - 10-Jan-18 @ 4:36 PM
Deano - Your Question:
My boss at head office received a speeding ticket for me on the 17th December 2017. The offence was committed 9 days earlier on the 8th December 2017. Head office sent the ticket back to the police with my details, on the 17th December. I still haven't received the ticket from the police and it's now the 9th Jan 2018. With the ball back in their court, so to to speak, when, if at all, does this ticket become void? I'm counting the days! Thanks in advance!

Our Response:
The 14 day rule is only relevant for the initial NIP - which in the case was sent to the registered keeper in the correct time frame, unfortunately counting the days won't help you here.
NoPenaltyPoints - 10-Jan-18 @ 3:34 PM
Garlers - Your Question:
Hello I have received a NIP for a speeding offence on the M1, 91mph. The date of the offence was the 11th December 2017 and the NIP was dated the 5th January 2018. Is the 14 day period working days or actual days ? Either way I believe the authority are out of time ?

Our Response:
Yes this is out of time. If you are the registered keeper and have not changed vehicle or address within the past month or so, you may be able to reject this. Please follow the steps in our guide here
NoPenaltyPoints - 10-Jan-18 @ 10:01 AM
My boss at head office received a speeding ticket for me on the 17th December 2017. The offence was committed 9 days earlier on the 8th December 2017. Head office sent the ticket back to the police with my details, on the 17th December. I still haven't received the ticket from the police and it's now the 9th Jan 2018. With the ball back in their court, so to to speak, when, if at all, does this ticket become void? I'm counting the days! Thanks in advance!
Deano - 9-Jan-18 @ 8:15 PM
Hello I have received a NIP for a speeding offence on the M1, 91mph. The date of the offence was the 11th December 2017 and the NIP was dated the 5th January2018. Is the 14 day period working days or actual days ? Either way I believe the authority are out of time ?
Garlers - 7-Jan-18 @ 12:12 PM
Al - Your Question:
Hi there. I got stopped by the police on 3rd of OCTOBER for using a handheld phone however the letter only arrived with me today 16th DECEMBER. Is 2 and a half months ok to wait for the letter? (It's for the fixed fine of £200 and 6 points not offering a course) the copper did say it usually arrives within 2 weeks so I had gotten my hopes up that after 2 months it wasn't going to arrive.

Our Response:
Yes, the police actually have up to 6 months in which to take further action. The 14 day rule only applies in respect of NIPs (Notices of Intended Prosecution)which are sent to identify the driver at the time of the offence; as you were stopped at the time, an NIP is not necessary.
NoPenaltyPoints - 19-Dec-17 @ 10:19 AM
hi all merry xmas i has recieved a speeding fine for doing 26mph as it was put down to 20mph coming of the m5 motorway as m5 was closed due to a bad accident bless them i recieved it on 18/12/2017 but date of issue is 12/12/2017 this happened on 17/09/2017 it is so unfair as i am a responsable driver first ever driving offence in 30 years i got confused as motorway was closed didnt know where to go it was 4.49 in the morning missed the sign saying 20 mph then seen another one saying 30mph then flash oh no am i allowed to refuse this as its well over the 14 days thanks for your advise all the best and merry xmas all
mickdebur - 18-Dec-17 @ 9:31 PM
Hi there. I got stopped by the police on 3rd of OCTOBER for using a handheld phone however the letter only arrived with me today 16th DECEMBER. Is 2 and a half months ok to wait for the letter? (It's for the fixed fine of £200 and 6 points not offering a course) the copper did say it usually arrives within 2 weeks so I had gotten my hopes up that after 2 months it wasn't going to arrive.
Al - 16-Dec-17 @ 11:49 AM
I was caught speeding in a hire car on the 1/11/17 the notice from the hire company is dated the 25/11/17 so the police didn't send the NIP until after the 14 days (1st-25th = 24days) Would the 14 day rule apply in this case??
Rocto - 8-Dec-17 @ 3:53 PM
Gaz - Your Question:
Just received a NIP on 7/12 dated 5/12 for a doing 36mph in a 30 zone on 20/11. By my reckoning the date of issue (5/12) is outside of the 14 day notice period.let alone reaching me in 14 days. Have I got that right? If so, how do I apply to have it cancelled.?Thanks

Our Response:
You may be able to do this. Follow the step in our guide here
NoPenaltyPoints - 8-Dec-17 @ 3:04 PM
Just receiveda NIP on 7/12 dated 5/12 for a doing 36mph in a 30 zone on 20/11. By my reckoning the date of issue (5/12) is outside of the 14 day notice period...let alone reaching me in 14 days... Have I got that right?If so, how do I apply to have it cancelled.? Thanks
Gaz - 7-Dec-17 @ 5:41 PM
G - Your Question:
Hi, how to check whether my vehucle has red light offence ,how many days it take Thanks.

Our Response:
If you are registered keeper and have not changed vehicle or address recently, the NIP should be issued within 14 days.
NoPenaltyPoints - 5-Dec-17 @ 11:41 AM
Holly - Your Question:
I have just received a nip for an offence on the 13/07/2017. It arrived yesterday the 2/12/2017. Can this be cancelled? I keep seeing stuff about 14 days and the 6 month rule?

Our Response:
The 14 day rule only applies if you are the registered keeper of the vehicle and hadn't changed your vehicle/address around the time of the offence. We're assuming you weren't stopped at the time of the offence. If you were, then the police have up to 6 months in which to initiate further action.
NoPenaltyPoints - 4-Dec-17 @ 3:41 PM
I have just received a nip for an offence on the 13/07/2017. It arrived yesterday the 2/12/2017. Can this be cancelled? I keep seeing stuff about 14 days and the 6 month rule?
Holly - 4-Dec-17 @ 10:58 AM
Hi, how to checkwhether my vehucle has red light offence,how many days it take Thanks .
G - 2-Dec-17 @ 12:46 PM
Frosty - Your Question:
Hi, I today received an NIP 20 days after the offence. I have a leased car so am unsure if the 14 day rule is therefore different as I assume they would have had to contact the lease company first? Many Thanks

Our Response:
You're correct, as you're not the registered keeper, the first NIP would have been sent to the lease company.
NoPenaltyPoints - 29-Nov-17 @ 12:03 PM
Hi, I today received an NIP 20 days after the offence. I have a leased car so am unsure if the 14 day rule is therefore different as I assume they would have had to contact the lease company first? Many Thanks
Frosty - 28-Nov-17 @ 6:31 PM
Hello I've received a letter stating that I was doing 84 in a 50 through a speed detection zone. At 5pm. I go through there everyday and I know the limit is 50mph. What I can't work out is that it was really congested trafficand I couldn't get upto 50mph. Can they actually record my speed wrong
Jackladd - 25-Nov-17 @ 9:16 AM
I have a nip dated 20/11/17 for an offence on 23/10/17. Is this to long time frame? What do I do to contest it. Many thanks
Ben - 22-Nov-17 @ 8:34 PM
I have today 11/11/17 received aNip dated 10/11/17 stating I was caught using manned equipment doing 39mph in a 30mph zone at 07.08 on 15/09/17. I was not stopped and I can only assume it was one of those inconspicuous vans at the side of the road that registered my alleged speeding. This is almost 2 months after the alleged offence, I've owned the car for a year and have been the registered keeper all that time. Surely I've got a case on this one?
A380Heavy - 11-Nov-17 @ 10:40 AM
A camera recorded my car one night doing 39mph in a 30mph zone. (I had been having the joy of following a 25 mile diversion through deepest Surrey, (as the M3 seems perennially shut, which is no fun when are in the final stages of a 200 mile journey). Anyhow, the offence was dated 13th October, the NIP dated 24th October. So under normal circumstances I would have expected to receive the NIP on the 25th or 26th at the latest. However, I got it through the post on the 15th day after posting on Saturday 28th. Do the courts regard the NIP letter date as the posting date? It would seem reasonable. However, who would know and how could anyone prove if the NIP letter sat in an outbox for a few days? After all, the envelope isn't franked or stamped with a date by Royal Mail. For all Joe Public knows these NIPs could even be backdated. It just seems too convenient that the onus is on the registered keeper or driver to prove that the letter didn't arrive in time, and that no proof of posting or other post office/royal mail proof of posting date is used. I suspect budget cuts to back office or agency staff causes many NIPs to be posted some time after the letter date. Yet if I contest it I expect they would challenge me to dfend it in court. Am I right? Do I stand a chance in contesting the NIP on the basis that it wasn't received in time?
Diverted - 8-Nov-17 @ 11:22 PM
Hi, I sometimes take the M3 on a 200 mile drive to London and find the motorway closed at night and end up following a 25 mile diversion round deepest Surrey. Anyhow, in a sleepy moment of lapsed concentration a camera caught me doing 39mph in a 30mph zone. The date of the offence was 13/10 and the NIP 24/10. So it looks like they 'served' it in time, a few days before the 14 days. However, I'm certain that it wasn't posted on this date as I didn't get it in the post until Saturday 28th October. Do the courts regard the NIP date as the proof of posting date, because it seems to me that these NIP letters sit in the outbox tray for up to a few days before being posted? Your site states that "It’s not up to the police to prove that the NIP reached the registered keeper within 14 days" and "It is up to the police to be able to prove that in the normal course of events, the NIP would have arrived at the last known address of the registered keeper within the 14 day time limit" Possibly due to cuts in police back office staff how can the public (or more pertinently, the courts) be confident the NIP date is also the date it is posted? If it was, then I would almost certainly have received my NIP on the 12th, 13th or 14th day following the alleged offence, i.e. 25th to 27th. It seems unreasonable and too convenient that the envelope isn't franked or dated in any way by the post office. For all Joe Public knows the police or their agency could be back dating NIPs that are drawn up late. Who would know?
DiversionDan - 8-Nov-17 @ 11:11 PM
Badd453- Your Question:
Hi I received a final notice letter for speeding the letter was dated 24/10 but the date of speeding was 28/9 so that's well over 14 days. I emailed the police stating I was concerned as I had but received any other correspondence before this final letter , they said on 3/10 they sent out the original notice and must of been lost in transit e.g. Royal Mail. What do I do now ? I didn't receive any letters others than the final reminder that's dated well over 14 days after the offence? Thanks in advance

Our Response:
If you reject this, you will have to be prepared to attend court. It's fair to assume the police will have evidence that the original NIP was sent within the necessary time period if they allow it to proceed that far.
NoPenaltyPoints - 8-Nov-17 @ 11:24 AM
brian - Your Question:
I have today received a NIP for speeding on 16 october 2017 the notice is dated 2nd Nov 2017 which is 17 days after the offense, is this a clear case under the Time limit

Our Response:
This does seem worth of rejecting under the 14 day rule. Please take a careful look at our Guide on how to dispute an NIP here
NoPenaltyPoints - 3-Nov-17 @ 3:44 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the NoPenaltyPoints website. Please read our Disclaimer.