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Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 22 Mar 2020 | 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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Hello i was pulled by a police officer on the 12th feb and waited nearly 6 weeks before getting a final command from them in the post on the 21st march. Can i refuse to accept this ticket as it says i have 7days to comply to the letter
Lutx - 22-Mar-20 @ 1:07 AM
I GOT A REGISTERED LETTER 30/01/20.IT ISN'T FROM G.C.ITS AGENCIA TRIBUTARIA.IT CLAIMS O DID 138 ON TF1LAST YEAR 6/6/19.IT FINES ME 120€.NOT ONLY 14DAYS BY LAW ITS 7 MONTHS.WAS SPEED CAMERA BUT NO PHOTO.I GOT ONE ON GRAN CANARIA YRS.BACK WITH PHOTO OF PLATE INLESS THAN 14DAYS TO PAY AT BANK ETC.
doctor. - 30-Jan-20 @ 10:21 PM
Offence of speeding 62 in a 50 happened on 26/11/19 and I received letter on 30/12/19 which I contested on grounds of late receipt. They are choosing to continue prosecution on the grounds that the evidence proves an offence happened regardless. Can they choose to simply reject that?
Denzel - 25-Jan-20 @ 11:36 AM
Hi, I received a speeding ticket for an offence in my work van. The offence took place on 30th October 2019. I have since found out that and obtained a copy of the letter my company director received dated 19th November 2019 and subsequently passed on my details as the driver. I have now accepted this and taken 3 points as well as paying a fine. Is there anything I can do as the original letter was clearly over the 14 days?
Jay - 23-Jan-20 @ 7:34 PM
Hi, I've received a speeding fine for 14/12/19 but the date it was issued on thr letter is 16/01/20 which is yesterday. I was exceeding the 30mph by 6mph. Am I within my rights to appeal this as it's clearly over 14 days and how do I go about this please?
Titch - 17-Jan-20 @ 11:36 AM
I have just received a letter todaydated 14th January for speeding the date I was caught was 02/10/19 am I able to use the 14 day rule due to the fact it’s only just been issued ? It’s been three months ?
Emmlou24 - 15-Jan-20 @ 8:15 PM
I was caught using my sat nav on my phone whilst driving. I was pulled over and the officers advised of the intent to prosecute on Sat 30 November 2019. I have only recently received the NIP dated the 9th Jan 2020. Can I appeal this on the basis that the offence is time barred?
michael Lindo - 12-Jan-20 @ 9:07 PM
Hi I got caught doing 47 in a 30 zone (brand new car first day driving it, although it was an automatic and I wasn’t used to it I know this isn’t a good excuse). The date of the offence is 8th December and they emailed my work (work vehicle) with the date on the NIP as 23 rd December. I know that this is only 1 day out of the 14 days but does this still count?
Jess - 2-Jan-20 @ 1:31 PM
Hi, just reading up on this rule about 14 days to receive an NIP. I received a NIP on the 30/05/19 and I was caught speeding on the 23/01/19. I have admitted to it and payed the fine and accepted my harsh penalty of 6 points for a first offence. But now reading up about this 14 day rule, well this was posted to me 4 months after the alleged offence. Is there anything I can do about it now? Wish I knew about the rule before I submitted my initial response. And there is no reason why it took so long for them to process it at all. Thanks. Ben
Ben - 27-Dec-19 @ 10:48 AM
I have received an NIP on the 20th December, it’s dated 18th December for a speeding offence on the 2nd of December. Can I get off this with the 14 day rule? It’s taken 16 days for the Police to process it. It is in my name but my son was driving. I obviously need to inform the Police about this as well. If I can get off, how do I go about it? Thanks
Jo - 20-Dec-19 @ 4:29 PM
My son has had a few motoring offences, bald tyre, speeding..... through totting up he has 12points an they have returned a speeding offence from 5.5 months ago (that had already been dealt with 3 points and they returned the £100 saying FAILED TO COMPLY). So basically theyv given ne points after points an now gos they couldnt giv me any more theyv re opened a speeding ticket frm 6 months ago. Do i go guikty not guilty what
Joanne - 12-Dec-19 @ 11:33 AM
I just received an NIP for doing 38 in a 30 zone the NIP was posted to me on the 05 /12/2019 but I am supposed to have been speeding on the 15/10/2019 I dont recall it at all it's well over 10 weeks ago do I still have to pay it and there is no reason given why I got it so late I have not moved or anything ?
Mark - 10-Dec-19 @ 4:35 PM
I received the NIP on 6/12 and were issued on 4/12. I had 3 speeding offences, dated on 10/8, 11/9 and 10/11; it is clearly over the 14 days. I moved address in July, DVLA are informed and have changed the address on my license since July. Does the 14 days rule apply here.
BB - 8-Dec-19 @ 8:46 AM
Hi there, I received an NIP on 20/11 dated 19/11 however the offence took place over 3 months ago on 18/08, what do I need to do to contest this as I cannot even remember who was driving the car? It has been well over the 14 days.
Louisa - 24-Nov-19 @ 12:01 PM
I received a NIP dates 18/11/19 but the offence if from 23/08/19 does the 14 day rule apply
Steve - 19-Nov-19 @ 11:27 AM
I have today 9th November 2019 received a NIP dated the 7th November for a offence of 36 mph in a 30mph zone.The offence was committed on the 6th October - A I right in that as this beyond the 14 notice period I should appeal this as being time barred? Have I understood this correctly? Do I have this right?
ALP - 9-Nov-19 @ 3:15 PM
Does this 14 day rule apply for variable speed limit cameras on the motorway? My alleged offence was on 5th October and the NIP was issued 32 days later on 6th November. It reached me within 14 days of issue but that’s not relevant, right?
Jim - 9-Nov-19 @ 9:53 AM
I have received a NIP on 3/10 for an alleged offence on 6/9 (well over 14 days). Can i simply reply with the NIP has exceeded and i will not be prosecuted? My wife was driving however, if they issue my wife with a NIP within 14 days, does that mean that there will be a fine for her? Thank you
STEFF - 17-Oct-19 @ 8:48 PM
I have just received a NIP dated 8 Oct 19 for an offencedated 2nd July 19. this was in a company car how do I stand with the 14 day rule given it's three months since the offence?
jo - 10-Oct-19 @ 8:25 AM
I was driving my husband car on 11/8 the date othe nip is 5/9 I rang the number on the form they said they had to find my husbands info and that I still need to fill in my Info and send it back for the fine, what do I do? Please help
Becky.d - 10-Sep-19 @ 3:11 PM
Hi I’ve just received an NIP dated 22/08/19 for a speeding offence dated 06/07/19 (90mph in a 70 limit) I wonder this is the case of the 14 day ruling. Kindly seek advice
Charlie - 27-Aug-19 @ 7:25 AM
Hi I’ve just received an NIP dated 20/08/19 for a speeding offence dated 02/08/19 (36mph in a 30 limit) Surely the 14 day ruling applies? Advice please?
SR - 21-Aug-19 @ 1:30 PM
Is it ok to mix whites and colours on a 30c wash?
Mooman - 31-Jul-19 @ 8:55 AM
Hi . I received an NIP . I sent the relevant details the same day but still not heard anything . It’s nearly 3 weeks now since the NIP . Is this normal and who do I contact to ensure details have been received ? TIA
Boo - 22-Jul-19 @ 10:15 AM
I’ve just received an NIP for a speeding offence dated 11/7/19 (36mph in a 30 limit) What will be the fine
Khan - 13-Jul-19 @ 3:14 PM
Received a n.i.p dated 2/7/2019 Offence dated 10/6/2019 Can I reject this as it’s longer than 14 days?
Bob - 4-Jul-19 @ 10:30 PM
Hi I recieved an NIP and returned on 31/01/19 for an offence of 50 in a 30 on 26/01/19 Today 02/07/19I recievedsingle justice procedure notice just want to know if this is in an appropriate time scale. As heard nothing since the original NIP.
G - 2-Jul-19 @ 1:44 PM
I have recieved a NIP dated 3/06/19 for an offence speeding on 25/04/19. the letter was opened yesterday as i have been working away. How do i stand? Surely this should have been issued within 14 days. Can you advise all the best Mark
markiejames - 13-Jun-19 @ 11:05 AM
I’ve just received an NIP dated 4/6/19 for a speeding offence dated 3/5/19 (36mph in a 30 limit) Surely the 14 day ruling applies? Advice please?
Loady - 8-Jun-19 @ 11:45 PM
Hi got caught on the 04/04/19...received on the 02/0519 does that make me exempt of the 14 day rule
Jasalady - 4-May-19 @ 1:30 PM
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