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: 13 May 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]
maartymaart - Your Question:
Hi, I have received a PCN (via camera), of me entering a restricted entry rd, my fault as I did not see the signage, I was in an unfamiliar area as well. There are three occurrences and three fines. The PCN was in January and was issued to the rental company within 14 days, however I have only just received the PCN myself in May. It is also addressed wrongly and it is only by sheer luck that I have the PCN in my possession.Is their a time period outside of which the fines become void?Also, the address was issued by the rental company wrongly, but shouldn't they be sending it to my address listed with the DVLA?Thanks for your help.

Our Response:
Unfortunately it's unlikely you'll be able to appeal this for time based reasons, PCNs are not subjet to the same time limits as NIPs and as you're not the registered keeper, any limit will not apply anyhow.
NoPenaltyPoints - 14-May-18 @ 12:05 PM
Hi, I have received a PCN (via camera), of me entering a restricted entry rd, my fault as i did not see the signage, I was in an unfamiliar area as well. There are three occurrences and three fines. The PCN was in January and was issued to the rental company within 14 days, however I have only just received the PCN myself in May. It is also addressed wrongly and it is only by sheer luck that I have the PCN in my possession. Is their a time period outside of which the fines become void? Also, the address was issued by the rental company wrongly, but shouldn't they be sending it to my address listed with the DVLA? Thanks for your help.
maartymaart - 13-May-18 @ 3:45 PM
Hi I was doing some driving work.The company I worked for contacted me asking for my license as I had incurred a speeding fine.I questioned this and asked why they didn’t have my license details if I was doing work for them?They have since went to the agency I was working for and gotten my license details from them which to me seems like a breach of Data Protection? Would this mean I wasn’t insured for the vehicle.Also the letter I have reviewed is out with the 14 day rule.What’s the best course of action?
Sweens - 1-May-18 @ 6:36 PM
I received a NIP through the post on the 26/4/18 and the offence was on the 10/3/18. Can they still prosecute even though its over the 14 days and that I've admitted the crime? Tia
Mikey - 1-May-18 @ 2:14 PM
Hi, I have a lease van and the lease company have just sent me a NIP letter, the offence was on the 9th and the letter arrived with my lease company 17 days after the offense date. Can I reject this due to it been over 14 days of reaching the lease company ?
Kev - 27-Apr-18 @ 9:26 AM
I have received an NIP for over speed but it was driven by my partner. I have replied the NIP and provided her information. The NIP was send back two weeks ago but my partner have not heard anything back from the police. Do I need to call the police? How long it usually take them to reply? Can anyone advice.
Steve - 26-Apr-18 @ 10:48 AM
Julie - Your Question:
I received a NIP dated 16/04/2018 for an offence committed on 28/02/2018 - this is outside of the 14 day rule - do I still have to send back the acknowledgement that I was the driver and wait for the conditional offer before I contest it or should I contest and not send the form back?

Our Response:
As long as you are the registered keeper of the vehicle and haven't changed vehicle or address recently you should be able to reject it.Follow the steps in our guide here
NoPenaltyPoints - 24-Apr-18 @ 3:28 PM
I received a NIP dated 16/04/2018 for an offence committed on 28/02/2018 - this is outside of the 14 day rule - do I still have to send back the acknowledgement that I was the driver and wait for the conditional offer before I contest it or should I contest and not send the form back?
Julie - 23-Apr-18 @ 1:29 PM
Just got an NIP for doing 36 in a 30. Today is 19th April 2018 and alleged speeding was 24th January. Can I write back refusing the NIP on the 14 day rule? If so, how?
UWI - 19-Apr-18 @ 12:28 PM
Got a NIP for going through a red light at a roadworks, been over a month so I'm assuming it's going to court.If it does what 1. Is the worst penalty they can hand down (got a clean licence and never been in trouble before) 2. I'm pleading guilty but there were mitigating circumstances, do people normally take a solicitor along or do you just explain everything to the Judge (High or Magistrates Court?)
Oh Dear - 15-Apr-18 @ 8:22 AM
Stopped by Hertd police allegedly using mobile whilst driving.Received Conditional Offer of Fixed Penalty over 14days after the incident.The wrong location is quoted for the offence.The location is where I was stopped after the police car followed me approx 2 miles from where the offence allegedly took place.Do I have any options to avoid the penalty and fine ?
Polsten - 12-Apr-18 @ 6:14 PM
Scott - Your Question:
Hi,I received an NIP by Cumbria police on 5th April, dated 3rd April for an offence committed in 12th March - this exceeds the 14 day rule.Do I have grounds to dispute?I have filled the form in but have not returned it as of yet.Thanks in advance,Scott.

Our Response:
This depends on whether you are the registered keeper of the vehicle (i.e it's not a lease car, company car etc) and whether you have changed address or vehicle recently. Our guide Dispute a Speed Ticket: NIP Sent in the Incorrect Time Frame gives more information.
NoPenaltyPoints - 9-Apr-18 @ 11:35 AM
OhDear - Your Question:
I went through a red light at a road works and got a NIP within a week asking for driver details. I filled it in and sent it back. How long before I find out if I'll receive a fixed penalty or go to court or other? There was no other information with the NIP.

Our Response:
The police have up to 6 months in which to initiate further proceedings, so it may be a while before you hear anything. If it's a straight forward fixed penaltly however, you do generally hear in around 28 days.
NoPenaltyPoints - 9-Apr-18 @ 10:30 AM
Hi, I received an NIP by Cumbria police on 5th April, dated 3rd April for an offence committed in 12th March - this exceeds the 14 day rule. Do I have grounds to dispute? I have filled the form in but have not returned it as of yet. Thanks in advance, Scott.
Scott - 6-Apr-18 @ 6:55 PM
I went through a red light at a road works and got a NIP within a week asking for driver details.I filled it in and sent it back.How long before I find out if I'll receive a fixed penalty or go to court or other?There was no other information with the NIP.
OhDear - 6-Apr-18 @ 2:43 PM
Mattm83 - Your Question:
Possibly a totally stupid question but anxiety is getting the better of me.On Sunday, driving home after a rather large Sunday dinner for Easter (no alcohol involved at all) I appear to have slipped into the auto-pilot mode that we all do from time to time where suddenly you realise your somewhere but can't recall clearly getting there (not good I know).The problem is on this route I would have passed a gatso fixed speed camera but don't know what speed I passed by it.I can remember stopping at the traffic lights at the junction before the street that the speed cameras on as they were on red and then pulling off and turning left and onto the road where the speed camera is, about 112 mtrs from the junction. Its a 30mph road.I have no recollection of seeing any flashes but as I was in 'auto pilot would I have. Is the flash bright enough for it to snap you back into reality and then to see the second flash? (If that makes sence at all) or is it an excellent chance that I wouldn't see the flashes at all? There's nothing blocking the camera from the road such as trees etc.Ive recieved nothing yet but I do know they have 14 days to serve if I was speeding and set off the camera.Would I have noticed the flashes? Are they really bright or just like a normal camera flash like on your phone etc?

Our Response:
Different cameras operate in different ways, so you may not always see a "flash"
NoPenaltyPoints - 6-Apr-18 @ 2:26 PM
Possibly a totally stupid question but anxiety is getting the better of me. On Sunday, driving home after a rather large Sunday dinner for Easter (no alcohol involved at all) I appear to have slipped into the auto-pilot mode that we all do from time to time where suddenly you realise your somewhere but can't recall clearly getting there (not good I know). The problem is on this route I would have passed a gatso fixed speed camera but don't know what speed I passed by it. I can remember stopping at the traffic lights at the junction before the street that the speed cameras on as they were on red and then pulling off and turning left and onto the road where the speed camera is, about 112 mtrs from the junction. Its a 30mph road. I have no recollection of seeing any flashes but as I was in 'auto pilot would I have. Is the flash bright enough for it to snap you back into reality and then to see the second flash? (If that makes sence at all) or is it an excellent chance that I wouldn't see the flashes at all? There's nothing blocking the camera from the road such as trees etc. Ive recieved nothing yet but i do know they have 14 days to serve if I was speeding and set off the camera. Would I have noticed the flashes? Are they really bright or just like a normal camera flash like on your phone etc?
Mattm83 - 5-Apr-18 @ 9:11 PM
Miles - Your Question:
I've just been issued with a NIP dated 26/3/2018 for an alleged offence which occurred before Christmas! (23/12/2017).I was driving a hire car at the time and I realise it may take the police more than 14 days to find me, but over 3 months! Really?That seems an unreasonably long time to issue the NIP to me. Where would I stand if I challenged this in court rather than pay the fixed penalty and take the points? Should I contact the police first and request that they withdraw the NIP due to an unreasonably long period between the alleged offence and issue of the notice? The 6 points will cost me my job.

Our Response:
It's probably not worth challenging; you don't know how long it took the hire company to respond etc.If you want to plead mitigating circumstances or try to avoid losing your licence a motoring lawyer may be able to help.
NoPenaltyPoints - 3-Apr-18 @ 2:35 PM
I've just been issued with a NIP dated 26/3/2018 for an alleged offence which occurred before Christmas! (23/12/2017). I was driving a hire car at the time and I realise it may take the police more than 14 days to find me, but over 3 months! Really? That seems an unreasonably long time to issue the NIP to me. Where would I stand if I challenged this in court rather than pay the fixed penalty and take the points? Should I contact the police first and request that they withdraw the NIP due to an unreasonably long period between the alleged offence and issue of the notice? The 6 points will cost me my job.
Miles - 30-Mar-18 @ 3:24 PM
Hi there, I’ve recieved a NIP 118 days after the date of the offence. I was driving in a hire car at the time so can understand the NIP being slightly over the 14 day period but surely I have a case here?
Tommy - 28-Mar-18 @ 9:59 PM
ive recieved 2 nips in the post 1 for the 14th march 1 for the 15th for doing 38mph in a 30. i was picking my little boy up from his new childminder i am new to the area and thought it was a 40. am i right in thinking i may get a offered a course for 1 and also a fine amd 3pts for the other. iworried sick as i dropped amd picked him up monday tuesday this week and now panicked i may have more coming due to me not realising the speed :(. i need my car to work as i am a nurse! commute 24 miles a day from where i live.
hi456 - 21-Mar-18 @ 9:28 PM
Maxwell - Your Question:
Hi there, I received a NIP on 12/03/18 for an offence committed on 16/12/17 (3 months ago), I had recently bought the car so can assume the DVLA had not been updated. However as it is 3 months, which is a significant amount of time, can I dispute this? Thanks,Max

Our Response:
You can try and dispute it but it won't be accepted as a rejection under the 14 day rule.
NoPenaltyPoints - 20-Mar-18 @ 2:31 PM
Ant - Your Question:
Hi, basically bought a brand new motorbike on the 1st March, it’s a 125 so I’m a learner, basically if broke down after a mile on the road so it was sent back to garage to be fixed, didn’t get it back until the 6th. So it never came with L plates and the dealership charge 7.99 for L plates which is expensive so I decided to drive to where I work at Asda to get them there since it’s cheaper and I get 10% off. I had only 4 miles on the clock of my bike so I break down on the duel carragway on the way to buy my L plates, a copper driving past pulls in and basically reg checked me and books me for no L plates. I tried to explain that they never came with any and I was literally a mile away from getting them but the copper is a bit of an attitude and is like I don’t believe you, realistically should I appeal this? Since I’ve never had points before nor broke the law I’m scared of appealing as I was technically breaking the law I dunno what to do, if I hadn’t had broken down I would’ve been okay :(

Our Response:
To be honest it's unlikely an appeal will be successful. If you didn't want to pay the extra to have the plates when you picked it up, then you should have taken another mode of transport or bought the plates before picking it up.
NoPenaltyPoints - 19-Mar-18 @ 2:39 PM
Hi there, I received a NIP on 12/03/18 for an offence committed on 16/12/17 (3 months ago), I had recently bought the car so can assume the DVLA had not been updated. However as it is 3 months, which is a significant amount of time, can I dispute this? Thanks, Max
Maxwell - 19-Mar-18 @ 11:01 AM
Hi, basically bought a brand new motorbike on the 1st March, it’s a 125 so I’m a learner, basically if broke down after a mile on the road so it was sent back to garage to be fixed, didn’t get it back until the 6th. So it never came with L plates and the dealership charge 7.99 for L plates which is expensive so I decided to drive to where I work at Asda to get them there since it’s cheaper and I get 10% off. I had only 4 miles on the clock of my bike so I break down on the duel carragway on the way to buy my L plates, a copper driving past pulls in and basically reg checked me and books me for no L plates. I tried to explain that they never came with any and I was literally a mile away from getting them but the copper is a bit of an attitude and is like I don’t believe you, realistically should I appeal this? Since I’ve never had points before nor broke the law I’m scared of appealing as I was technically breaking the law I dunno what to do, if I hadn’t had broken down I would’ve been okay :(
Ant - 16-Mar-18 @ 10:15 PM
Ross87 - Your Question:
Hi,Got sent an NIP for speeding yesterday on the 14/3/18. The date on the NIP is dated 13/3/18. The date of the offence was 25/02/18. Can I refuse to accept and how do I do so?For reference I was allegedly doing 44mph in a 30.Thanks

Our Response:
You may be able to contest this - the exceptions areifyou recently changed vehicle, or home address, or you are not the registered keeper of the vehicle - perhaps you drive a company car or a lease car. If none of those apply, follow the steps in our guide
NoPenaltyPoints - 16-Mar-18 @ 11:22 AM
Hi, Got sent an NIP for speeding yesterday on the 14/3/18. The date on the NIP is dated 13/3/18. The date of the offence was 25/02/18. Can I refuse to accept and how do I do so? For reference I was allegedly doing 44mph in a 30. Thanks
Ross87 - 15-Mar-18 @ 6:42 AM
I possibly went through a red light on 25th Feb. Like previous question was wondering if the snow affecting the postal service may make the 14 day rule invalid. Especially as I was a long distance from home that day (100 miles).
Mo4 - 14-Mar-18 @ 11:37 PM
Hi. I think i got flashed on the 24th feb and its the 14th march so 14 days have passed...however due to the beast from the east (the snow) I'm just wondering could i possibly still get a NIP or can i breath easily
pj1988 - 14-Mar-18 @ 9:10 PM
deniz - Your Question:
I was stopped by an officer for speeding on 21/01/2018 and a letter of conditional offer of fixed penalty was sent to me on 05/03/2018 does 14 day rule still apply apply?

Our Response:
The 14 day rule does not apply if you are stopped at the time of the incidence.
NoPenaltyPoints - 12-Mar-18 @ 12:21 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
  • Wilksey
    Re: Notice of Intended Prosecution
    My partner was stopped by the police for not wearing a seatbelt correctly in her lorry, this happened over 5 weeks ago. She was…
    20 May 2018
  • Boris
    Re: Running a Red Light
    Hi I went through a amber light witch could have changed to red seconds as I went past it but not sure also had a red light camera pointing…
    20 May 2018
  • Adi
    Re: Challenging a Speeding Fine
    Hi, I have been cached on hand held camera doing 35 on 30, Im sure I have been going 30 and now Im planing to contest the fine and…
    19 May 2018
  • NoPenaltyPoints
    Re: Disabled Bays and Illegal Parking
    Benny - Your Question:Hi,A member of public took the photo of my car when I stopped at Disabled bay at Morrison to draw…
    18 May 2018
  • NoPenaltyPoints
    Re: Driving Offences on a Motorway
    ithw888 - Your Question:Can anyone explain how and when a variable speed limit is enforced? I keep hearing its only during peak…
    18 May 2018
  • NoPenaltyPoints
    Re: Notice of Intended Prosecution
    Matt - Your Question:Hi was giving a nip 4 days after receiving my acknowledgment of no longer being the registered owner of a…
    18 May 2018
  • Benny
    Re: Disabled Bays and Illegal Parking
    Hi, A member of public took the photo of my car when I stopped at Disabled bay at Morrison to draw money from the ATM. My…
    18 May 2018
  • ithw888
    Re: Driving Offences on a Motorway
    Can anyone explain how and when a variable speed limit is enforced? I keep hearing its only during peak traffic times or when…
    17 May 2018
  • Matt
    Re: Notice of Intended Prosecution
    Hi was giving a nip 4 days after receiving my acknowledgment of no longer being the registered owner of a vehicle. Change of…
    17 May 2018
  • Ryan
    Re: Penalty Points and the New Drivers Act
    I have had my license for over 2 years ni in my first year I got 4 points for speeding but last summer I got pulled…
    17 May 2018
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.