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Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 20 Sep 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.

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I was stopped by the police on the 15th of April for failing to stop at a red light. I was issued a ticket and was told that will receive a letter within 28 days. I then receive a prosecution letter after 5 months. Is it still valid.
Nana - 20-Sep-18 @ 3:19 AM
My employers have just received a Notice of Intended Prosecution and Request for information as to the driver letter about a speeding offence that allegedly took place on the 15th August 2018. They received the letter (dated 17th September 2018), on the 19th September 2018. I am the driver of the vehicle in question as it is my company car which is owned by the lease company. I was under the impression that the NIP had to be served within 14 days. This is well over that time, so should I appeal on the Time Barred rule and if so how do you appeal? As I cant see anything on the form for this. Many Thanks
Darren - 19-Sep-18 @ 2:28 PM
Hi, I was double flashed by a static camera on the motorway in a temporary 50mph roadworks zone 19 days ago. I have not yet received any correspondence from the authorities whatsoever and have been the owner of the car for 5 years and also have been at the same address for many years. If a NIP comes through the post anytime soon, am I able to reject it on the basis of it being time barred? Many thanks. Andy.
Andy - 19-Sep-18 @ 12:17 AM
Hi. I have just received a pin for speeding . The offence was 30th July & their pin is dated 20th August. That's 21 days after.Can I use the 14 day rule ? ps how are we going to get these prehistoric speeds changed to reflect the modern car changed?
stemar - 10-Sep-18 @ 2:29 PM
Hi, I received notification of being caught speeding on 21st of August in my company van and the letter only came to me today (8th of September). Would I be able to appeal on the grounds of it not being "time barred" or arriving after 14 days? Thank you
Hobbit88 - 8-Sep-18 @ 2:25 PM
On 1st July I went through a mobile speed camera, however the letter did not arrive at my home address until 25th August. My vehicle is a lease vehicle and the authorities will have had to get my address from them, but is 57 days not 'too long'. I understand that 14 days would be difficult to achieve for the authorities due to the 3rd party (lease company) but over 4x longer??
Matt - 6-Sep-18 @ 12:53 PM
Hi last night I was driving home from work on a dual carriage way . I was doing about 90 when the flashing blue lights come behind the car . I pulled over the police man said can I confirm my name . I told him,he then told me to drive off . Have you heard of this before ? Was he just confirming I was driving to then send out a speeding ticket ? He never mentioned anything or asked to see any documents, just my name ??
Ann - 3-Sep-18 @ 4:18 PM
Got caught in the average speed zone 30th July, bought my car on 10th July, and my NIP has only just come through at the end of August 29/08. Is the 14 day rule still valid and If it is, how do I go about rejecting the ticket
Manny - 30-Aug-18 @ 5:48 PM
I was doing approx 50/55mph on a 40mph road, when I saw the mobile camera van i instantly slowed down to 40mph. This was 26 days ago now and counting... The way i understand is as the offence was over 14 days ago, any speed letter that comes through now can be rejected? Is this correct? I am the registered keeper of the car and have owned it for 3 months previous to this speed date. Also if i reject it what possible come back is there, also is there any link to show this 14 day rule on the government website. Of course i am ruling out the event of the letter going missing etc. Also there is a chance i may not even receive one. But im very worried as i have 6 points
Rog - 29-Aug-18 @ 3:08 PM
PWee - Your Question:
Hi, I received my nip last week and responded as required. Since looking into this a bit more I’ve realised the nip was dated 3wks after the speeding event. Is it too late to contest it?

Our Response:
If you've already responded to this, you can't really use the 14 day rule.
NoPenaltyPoints - 24-Aug-18 @ 2:36 PM
Hi, I received my nip last week and responded as required. Since looking into this a bit more I’ve realised the nip was dated 3wks after the speeding event. Is it too late to contest it?
PWee - 22-Aug-18 @ 3:33 PM
HiI received a NIP 6 weeks after the offenceWhen I went online to view the public access system it states the NIP being issued within 12 days of the offenceWhat is the best way to appeal this? Thanks
MC - 19-Aug-18 @ 12:06 PM
I had a speeding ticket from 31/07/18. Just received the letter today 15/08/18 that is dated 14/08/18. Is this still valid as I have recieved it after the 14 day period?
judgie - 16-Aug-18 @ 2:01 PM
Daz - Your Question:
If you were pulled over and issued with a green slip. How long should you expect to wait until any further details come through?

Our Response:
You can wait up to 6 mothns for this, but if it's a simple FPN, you usually hear within 28 days or so.
NoPenaltyPoints - 13-Aug-18 @ 12:44 PM
Harps - Your Question:
Hey, I have just received a reminder letter from the police about my NIP (I ran a red light). However, I never received the first letter. Does the 14 day rule apply? If so, what do I do from here? Also, is it 14 days total or 14 working days? Thank you

Our Response:
No, the 14 day rule will it apply. The police will have evidence of sending out the initial NIP.
NoPenaltyPoints - 13-Aug-18 @ 10:24 AM
If you were pulled over and issued with a green slip. How long should you expect to wait until any further details come through?
Daz - 12-Aug-18 @ 6:19 PM
Hey, I have just received a reminder letter from the police about my NIP (I ran a red light). However, I never received the first letter. Does the 14 day rule apply? If so, what do I do from here? Also, is it 14 days total or 14 working days? Thank you
Harps - 11-Aug-18 @ 9:49 AM
Hello, I have a company car. The car was caught speeding (53 in a 40) on 9/7/18. The fleet management company is the registered keeper and received the NIP on 9/8/18 therefore out of the 14 day period. They however responded to the NIP naming me as the driver before informing me that an NIP had been received in the first place. I am yet to hear anything from the authorities as this only happened yesterday. My question is will I have grounds to appeal when they inevitably contact me because they did not notify the registered keeper in time? Thanks
J - 10-Aug-18 @ 1:38 PM
Lugga - Your Question:
Hi. My son was caught speeding over 100mph. He received the nip and returned it within the given timescales. This was posted on the 13th of June by myself but he has heard nothing since. It is now the 7th of August? How long should it take for him to hear back from them?

Our Response:
The police have up to 6 mothns in which to initiate further proceedings, which in this case will probably mean laying the papers at court.
NoPenaltyPoints - 8-Aug-18 @ 3:23 PM
Dm - Your Question:
Hi I have a mobility car,I was 4mph over the limit in a 30, it's been 14 days yesterday and I still haven't had a NIP does that mean I've escaped or is the delay longer as it's a motobilty car. Will they write to them first for my details

Our Response:
Were you stopped at the time of the offence? If so, the 14 day rule does not apply.
NoPenaltyPoints - 8-Aug-18 @ 2:22 PM
Hi. My son was caught speeding over 100mph. He received the nip and returned it within the given timescales. This was posted on the 13th of June by myself but he has heard nothing since. It is now the 7th of August? How long should it take for him to hear back from them?
Lugga - 7-Aug-18 @ 9:04 PM
Will - Your Question:
So, even though the registered keeper did not get the NIP within the 14 day period, as I am not the registered keeper, the NIP is still valid?

Our Response:
If the registered keeper did not receive the NIP within the 14 day limit, the sensible option for them is to reject it at the time on the basis of the 14 day rule. If the registered keeper has evidence that the it wasn't delivered within the 14 day limit and is prepared to swear an oath in court to that effect, then it's still possible to reject it but you should seek professional legal advice.
NoPenaltyPoints - 7-Aug-18 @ 2:50 PM
Hi I have a mobility car,I was 4mph over the limit in a 30, it's been 14 days yesterday and I still haven't had a NIP does that mean I've escaped or is the delay longer as it's a motobilty car. Will they write to them first for my details
Dm - 7-Aug-18 @ 12:50 PM
Mb - Your Question:
Hi. My wife has a car registered in her brothers name. The nip arrived at registered keepers address after 14 days (29 days). She has contested this and the police are trying to worm out saying. It stands still as she was just the driver. The question I have is. Does the 14 day rule become void to registered keeper as she was the driver. The police are saying it becomes void. Thanks in advance

Our Response:
Did the "registered keeper" sign and return the NIP form or contest it at the time?
NoPenaltyPoints - 7-Aug-18 @ 11:54 AM
Chops - Your Question:
Hi the alleged offence took place on the 24th of July. say the notice isn't to arrive through my door by the 7th would I apply for the 14 day rule. my partner is the registered keeper of the car but I'm a named driver ??

Our Response:
Were you stopped at the time of the incident? (I.e is that how you know it took place) If so, the 14 day rule doesn't apply. If you were not stopped at the time and the NIP is received after the 14 day period, the registered keeper should reject it on that basis. If the registered keeper signs and returns it with the driver's details, the 14 day rule will not apply to the subsequent NIP.
NoPenaltyPoints - 7-Aug-18 @ 11:35 AM
Pgl16 - Your Question:
Hi,I commited a speeding offence at the begining of June 2018. It was in a company courtesy, the speeding ticket just landed at the company I work for on the 4th August, it was dated 1st of August.It has been sent off with my information on so I await that in the post but does that 14 day rule apply to me almost 2 months down the line?

Our Response:
The 14 day rule does not apply to you as you are not the registered keeper.
NoPenaltyPoints - 6-Aug-18 @ 3:19 PM
So, even though the registered keeper did not get the NIP within the 14 day period, as I am not the registered keeper, the NIP is still valid?
Will - 6-Aug-18 @ 11:36 AM
Will - Your Question:
I received a NIP dated 31/7/18 for a speeding offence on 12/7/18. This was in a hire car registered to the company I work for. As the letter is dated more than 14 days after the offence, am I liable for the points/fine or is the NIP barred?

Our Response:
No the 14 day rule won't apply as you are not the registered keeper.
NoPenaltyPoints - 6-Aug-18 @ 11:19 AM
Hi. My wife has a car registered in her brothers name. The nip arrived at registered keepers address after 14 days (29 days). She has contested this and the police are trying to worm out saying. It stands still as she was just the driver. The question I have is. Does the 14 day rule become void to registered keeper as she was the driver. The police are saying it becomes void. Thanks in advance
Mb - 5-Aug-18 @ 12:34 PM
Hi the alleged offence took place on the 24th of July... say the notice isn't to arrive through my door by the 7th would I apply for the 14 day rule... my partner is the registered keeper of the car but I'm a named driver ??
Chops - 5-Aug-18 @ 12:29 PM
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