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Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 19 Oct 2017 | 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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Bonnici1uk - Your Question:
Hello thereI have today received a NIP (dated 17/10/2017) regarding a speeding offence on 30/72017. At the time, I had recently purchased the vehicle (some 2 weeks prior). The DVLA had yet to send my the new V5 at this time. Would I still be able to contest this given it’s been near 3 months after the offence?Kind regards

Our Response:
It will be difficult to contest this as the police will have sent it to the registered keeper. The fact that the DVLA may have been slow in recording the information is not the police's fault and also doesn't mean you weren't guilty of the actual offence.
NoPenaltyPoints - 23-Oct-17 @ 2:36 PM
Jase - Your Question:
Hi, My daughter recieved a NIP dated october the 4th for a speeding offence on the 20th of august. I sent the template letter requesting the case be dropped as it was outside the 14 day notification period. She has now recieved a letter saying the that the original nip was sent to the registered keeper ( her husband ) within the required time frame, and returned to them with her as the nominated driver, however neither her or her husband have recieved any other nip. Is there any way I can request a copy of the NIP they say was returned to them or am I better off telling her to pay the fine and forget about it ?

Our Response:
It sounds as though her husband is not being truthful or someone has fraudulently completed the NIP form. If you believe the latter to be the case, it might be worth questioning the police a little further.
NoPenaltyPoints - 20-Oct-17 @ 9:57 AM
Hello there I have today received a NIP (dated 17/10/2017) regarding a speeding offence on 30/72017. At the time, I had recently purchased the vehicle (some 2 weeks prior). The DVLA had yet to send my the new V5 at this time. Would I still be able to contest this given it’s been near 3 months after the offence? Kind regards
Bonnici1uk - 19-Oct-17 @ 5:44 PM
Hi, My daughter recieved a NIP dated october the 4th for a speeding offence on the 20th of august. I sent the template letter requesting the case be dropped as it was outside the 14 day notification period. She has now recieved a letter saying the that the original nip was sent to the registered keeper ( her husband ) within the required time frame, and returned to them with her as the nominated driver, however neither her or her husband have recieved any other nip. Is there any way i can request a copy of the NIP they say was returned to them or am i better off telling her to pay the fine and forget about it ?
Jase - 17-Oct-17 @ 10:56 AM
In June 2017 I began to move a vehicle, I hold a provisional license and was alone in the vehicle, the vehicle was to be driven in to private land (which I have permission to use) not to be driven along a public road but from parked on a public road in to the private land, at this time a driver whom was speeding from behind swerved behind me and crashed their vehicle, no damage occurred to either vehicle or any persons or property, being incredibly hostile and violent the driver of the crashed vehicle demanded that I was to blame (vehicle I am in is still stationary), the crash driver then began to act even more hostile and violent causing a crowd, after 15 minutes the driver moved their vehicle and parked elsewhere but continued to rampage the street looking to fight and damage property, the driver threatened police action after 30 minutes, soon after this time the crash driver sped away in their vehicle and did not return to the scene, I waited at the scene for over 1 hour and 30 minutes, since that time almost 3 months have passed and today in October I receive a NIP slightly detailing "my alleged offence" - the NIP does not support photographic evidence or does it mention any public access gateway to view this evidence. Since the original event and closer to the date that the NIP was sent out to me -that very same driver (crash driver) has attempted to swerve their car in to the other vehicle (mine) whilst I have been sat inside as a passenger, the crash driver in October also threatened beheading, continuing verbal abuse and death threats "I know who you are and where you live, your dead!", the driver has also done the same to my partner in the street where the crash driver pulls up alongside our vehicle to stop it from moving away, the driver has been reported for threatening behavior so far. The NIP was sent out on the 10/10/17 (date sent out) for an incident on the 25th of June 2017 - almost 3 months from the time of the alleged incident (Vehicle reg details not changed, registered address unchanged). how does this sit with the 14 day rule? we would be grateful for your help. thank you
Superseller - 12-Oct-17 @ 12:07 AM
Hello I've received a section 172 form on the basis my vehicle was involved in a collision the alleged offence driving without due care and failing to stop at the scene of an accident the alleged offence happened on the 10th of Sepand I received the 172 on the 28th Sep but was issued on the 25th Sep (14 clear days inbetween dates ) also was in mexico between 29th aug-13th sep
Jack - 6-Oct-17 @ 3:39 PM
Nightowl - Your Question:
Hi. So I unintentionally ran a red light whilst at work (driving the company car) and was definitely flashed by the camera. I have been in constant contact with my manager and so far there has been no NIP sent through for the incident to my company. We are now nearly three full weeks past the date it happened. Can I assume I am in the clear and if not, if an NIP does arrive now I can contest it? I'm assuming from the info here that the notice HAS to have arrived with the registered owners (my company) within the 14 day period? I've got a clean motoring record and absolutely mortified by the prospect of a court summons. Thank you!!

Our Response:
If the registered keeper does not receive the NIP within 14 days, it's possible to use the 14 day rule. See our guide here
NoPenaltyPoints - 4-Oct-17 @ 3:16 PM
Hi. So I unintentionally ran a red light whilst at work (driving the company car) and was definitely flashed by the camera. I have been in constant contact with my manager and so far there has been no NIP sent through for the incident to my company... We are now nearly three full weeks past the date it happened. Can I assume I am in the clear and if not, if an NIP does arrive now I can contest it? I'm assuming from the info here that the notice HAS to have arrived with the registered owners (my company) within the 14 day period? I've got a clean motoring record and absolutely mortified by the prospect of a court summons. Thank you!!
Nightowl - 4-Oct-17 @ 2:02 PM
Hubt5 - Your Question:
HiI have received 2 speeding tickets on the M6 where they have a 50mph stretch.First ticket was 10th July and second was 12th july. As it was a hire car, Sixt didnt notify me of a violation until 8th Aug. It was until 15th Aug until I received the actual NIP. Does it mean I can.use the 14day rule if I confirm with sixt when they were notified of the violation?

Our Response:
It's unlikely that your hire company received the NIP outside of the 14 days. Do they still have the original NIP (or a copy of it) showing the date it was issued? That will be the only way you're likely to be successful under the 14 day rule.
NoPenaltyPoints - 18-Sep-17 @ 10:48 AM
Hi I have received 2 speeding tickets on the M6 where they have a 50mph stretch. First ticket was 10th July and second was 12th july. As it was a hire car, Sixt didnt notify me of a violation until 8th Aug. It was until 15th Aug until i received the actual NIP. Does it mean I can.use the 14day rule if I confirm with sixt when they were notified of the violation?
Hubt5 - 15-Sep-17 @ 9:31 AM
Cait - Your Question:
I was caught around the 8th of August by a speed camera on the M4 in a hire car, I hadn't heard anything until last week when I had a letter from enterprise. Does the 14 day limit count from the time I was caught or from the time I received the letter?

Our Response:
If you were in a hire car, it's likely the 14 day rule does not apply. If the police have to take longer to trace the driver because he/she is not the registered keeper, you cannot use the 14 day rule.
NoPenaltyPoints - 12-Sep-17 @ 1:48 PM
I was caught around the 8th of August by a speed camera on the M4 in a hire car, I hadn't heard anything until last week when I had a letter from enterprise. Does the 14 day limit count from the time I was caught or from the time I received the letter?
Cait - 11-Sep-17 @ 2:49 PM
Sabrina - Your Question:
I've received an NIP dated 05/09/17 stating that I was caught doing 37 in a 30 zone on 04/07/17. Letter was sent to my address where the car is registered. Under my calculations that makes it 63 days from the incident till when the NIP was issued. Does this mean I have grounds to refuse the penalty as it was over a month ago(nearly 2) and how do I go about doing this? Also do I still need to send off the form which asks me to confirm who was driving? Thank you in advance

Our Response:
Assuming you haven't changed addresses or vehicles in the last few months you may be able to reject this under the 14 day rule. Our guide tells you the steps to follow.
NoPenaltyPoints - 8-Sep-17 @ 2:37 PM
I've received an NIP dated 05/09/17 stating that I was caught doing 37 in a 30 zone on 04/07/17. Letter was sent to my address where the car is registered. Under my calculations that makes it 63 days from the incident till when the NIP was issued. Does this mean I have grounds to refuse the penalty as it was over a month ago(nearly 2) and how do I go about doing this? Also do I still need to send off the form which asks me to confirm who was driving? Thank you in advance
Sabrina - 8-Sep-17 @ 10:37 AM
I've done around 65mph on a 50mph dual carriageway and felt like I got flashed by a speed camera. I done it on 8th August around 1am. It's now 22nd August. Am I in the clear? Or the letter can still come?
Armz - 22-Aug-17 @ 7:03 PM
Flunky54 - Your Question:
Hi,I was caught speeding on the M3 after overtaking a slow moving BMW, as I flew past him at 99.55 mph he put the siren and lights on! This was on May 8th, I received the dreaded paperwork today:- Single Justice Procedure Notice with 21 days to plead guilty/not guilty, my question is around this 14 day notice period as everyone has told me that it was 3 months ago so stop worrying but I am not sure what to do next ?

Our Response:
Did he actually pull you over at the time? If so, an NIP will not be issued and the 14 day rule does not apply.
NoPenaltyPoints - 21-Aug-17 @ 1:59 PM
Hi, I was caught speeding on the M3 after overtaking a slow moving BMW, as I flew past him at 99.55 mph he put the siren and lights on! This was on May 8th, I received the dreaded paperwork today:- Single Justice Procedure Notice with 21 days to plead guilty/not guilty, my question is around this 14 day notice period as everyone has told me that it was 3 months ago so stop worrying but I am not sure what to do next ?
Flunky54 - 18-Aug-17 @ 10:37 AM
DWP - Your Question:
I have received a NIP which states I was caught speeding at 84mph on A3 Dual carriageway (limit 70mph) Offence committed 5th July 2017 NIP dated 27th July 2017. Envelope stamped same day.In my calculations that is 22 days in which NIP served.I am the reg. owner of the car so the NIP has come direct to my home address where vehicle registered.This is over the 14 day limit. I have a form to complete to confirm if I was the driver which I must return to enable them to prosecute. As this NIP was received 22 days after offence, should I complete form and return with letter saying this is over 14 days. Or just write letter to say they have contravened 14 day rule.

Our Response:
The information on how dispute this with the police is in our guide which you can read HERE. The basic procedure is as follows:
Write to the police force that sent you the NIP stating that you are rejecting the NIP on the grounds that it was sent to you after the 14 day period required
Copy the NIP, highlighting the date that the offence took place
Make a copy of your envelope, which details the postmark
NoPenaltyPoints - 7-Aug-17 @ 10:52 AM
I have received a NIP which states I was caught speeding at 84mph on A3 Dual carriageway (limit 70mph) Offence committed 5th July 2017 NIP dated 27th July 2017. Envelope stamped same day.In my calculations that is 22 days in which NIP served.I am the reg. owner of the car so the NIP has come direct to my home address where vehicle registered.This is over the 14 day limit. I have a form to complete to confirm if I was the driver which I must return to enable them to prosecute. As this NIP was received 22 days after offence, should I complete form and return with letter saying this is over 14 days. Or just write letter to say they have contravened 14 day rule.
DWP - 3-Aug-17 @ 8:49 AM
Brew85 - Your Question:
Received a NIP today dated 27.7.17 for doing 60 in a 50 zone (was one of those variable speed limit zones) but the offence is dated 26.6.17. My drivers licence holds my current address and that's where they've sent the letter, so am I right in assuming that it's time barred? Also how do I go about refusing it?

Our Response:
What about the vehicle document V5? Does that have your current name and address on it? Your driving licence is irrelevant really.
NoPenaltyPoints - 1-Aug-17 @ 12:06 PM
Received a NIP today dated 27.7.17 for doing 60 in a 50 zone (was one of those variable speed limit zones) but the offence is dated 26.6.17.My drivers licence holds my current address and that's where they've sent the letter, so am I right in assuming that it's time barred? Also how do I go about refusing it?
Brew85 - 28-Jul-17 @ 6:26 PM
spaniel lady - Your Question:
I was driving a hire car which was organized through my company, I received a note on 27th February 2017 from them that my car had been caught speeding on 27th January, the NIP went to the hire company who stamped it as received on 6th FEB 2017, they obviously completed it and sent it to the Police, I never saw this, only the second page of the document. I chased the hire company to no avail and eventually contacted the police's camera division who advised me that I did not need to take any further action. I have now received at my work address a final warning dated 19th July 2017 advising that I have 7 days to respond. This is almost 6 months from the date of he offence? can I challenge this?

Our Response:
You cannot challenge this under the 14 day rule. The hire company will have simply passed on the address of your company to the police following the issue of the first NIP. Your company should then have forwarded it to you or completed and returned it with your details on. If you have been given a chance to respond within 7 days then you should do so.
NoPenaltyPoints - 27-Jul-17 @ 1:52 PM
i was driving a hire car which was organized through my company, I received a note on 27th February 2017 from them that my car had been caught speeding on 27th January, the NIP went to the hire company who stamped it as received on 6th FEB 2017, they obviously completed it and sent it to the Police, I never saw this, only the second page of the document. I chased the hire company to no avail and eventually contacted the police's camera division who advised me that I did not need to take any further action. I have now received at my work address afinal warning dated 19th July 2017 advising that I have 7 days to respond. This is almost 6 months from the date of he offence? can I challenge this?
spaniel lady - 24-Jul-17 @ 11:14 AM
Hi. I am the registered keeper of the vehicle in question. I was caught speeding by a camera (in a police van), although i remember the incident happened a month previous to when I received the letter so I know it expired the 14 day rule. I however did not know about this rule (this was earlier this year) and replied, accepted responsibility, and therefore went on a speed awareness course. Meaning I can't go on another one for 3 years. If i flag this up now will they take the rule into account? My argument is that the ticket shouldnt have been issued so late and that I should still have the oppurtunity to go on a speed awareness course should I need to in the next 3 years. How likely is it that they will take this into account and let me have another speed awareness course in the future as i shouldnt have had to go on the first one in the first place? I have also yesterday just received another one which is outdated by 2 months, so i am going to ring them up and tell them this 14 day rule has been broken and that i refuse to accept it. Is that the correct way to go about it? Please let me know as soon as you can. Many Thanks Omar123
Omar123 - 21-Jul-17 @ 10:54 AM
I was pulled over Jan 16th for speeding and was told they would ring me and let me know if I would be charged I have today July 15 had a letter and forms to fill in saying I am being prosicuted for speeding Have they gone over the time limit!
Jonboy01647 - 15-Jul-17 @ 5:50 PM
My car was flashed by a Fixed Gatso camera at 23:31pm on 8th February 2017 - alleged speed 36 in a 30 zone. I have a few points to raise as to the validity of this and the mitigating circumstances. The streets lights were not working - defective and the street was in total darkness. No camera was visible and there were no 30mph signs for miles. I received an NIP notice on 13th February 2017 - within the allotted time of 14 days. A few days later ( still within the 14 day period)I received a call on my mobile phone from a woman at Crest accident reduction team asking me why I had not completed the paperwork. I stated I intend to appeal. I asked her position and was advised she was a civilian. she began to make threats over the phone of prosecution then put the phone down. I called them back on the telephone number on the NIP letter and a man answered it - I asked the man his position and told him what had just occurred. I asked him for his position and again he stated he was a civilian. I asked how the woman who called me got my mobile number - he stated they got it from previous records going back to 2013. I asked him who gave him permission to access my personal records from 4 years earlier. I challenged this data protection breach as at the time I had not been charged with any offence in 2013 as the case was thrown out of court. I had not been arrested at all - merely summoned to court and aquitted. I contacted the professional standards department with regards this data breach - however the professional standards dept handed the case to a traffic cop to deal with. I then had another call from the traffic cop stating he was assigned to Crest Accident reduction team. I raised this data breach and he assured me he would look into the matter - A week or 2 passed and I received a letter from the traffic cop stating my details had been retained on file from 2013 and the letter was worded in a way that implied I was a criminal - deformation of my character etc. I contacted the solicitors who represented me in 2013 and they advised me the police can't do such as I was never charged and later acquitted of any implied crime. I have a clean police record. I called the professional standards department back and raised how the letter was written in such manner that the traffic cop had implied - as if I had been charged and convicted of something. I also raised why the professional standards department had passed my complaint re data protection breaches to a traffic cop? I was advised that as it was a traffic issue they signposted it back to Crest. I requested a written response from the professional standards department as data protection protection breaches are not traffic cop issues to deal with. I received a response from the professional standards department which in its self is completely contradictory - it states the traffic cop was a temporary seargeant - but later referred to him as an inspector twice. This letter
Marley - 14-Jul-17 @ 1:26 AM
Just wondering if someone could help me, i was sent a speeding fine that took place on the 11th of May and the letter was dated 3rd of July, will this be included with the 14 day rule and how do i go about appealing this? Also i had already sent back my information before someone had told me about the 14 day rule and i had started to do my research. I would really appreciate some feedback or even better some support, Thank you Emma
Emma - 10-Jul-17 @ 9:55 AM
Hiya I got a ticket can it get sent out to a different add so my boss don't see it coz it wil go to his house
Nice - 9-Jul-17 @ 11:26 AM
Hi, Does the 14 day rule include the date of the actual offence? Thank you.
Jsmithe - 7-Jul-17 @ 4:44 PM
Philthered - Your Question:
I drive a company car and my head office recieved the NIP on the 23rd of June. The alleged offence took place on the 3rd of May and the issue date on the NIP is the 20th of June. Am I protected by the 14 dau rule?Also, my company HR manager filoed in my details on the NIP as the driver and sent it back before informing me. Can I still contest this if I am indeed covered by the 14 day rule?

Our Response:
If your company is the registered keeper of the vehicle, so the NIP was the first one sent to them then you may have been able to reject it on the basis that it was not issued within 14 days. The fact that is was completed and not rejected might render this impossible (we're not absolutely sure). Also if the company leases the vehicle and the registered keeper is the lease company, then the police will have taken longer to trace you and the 14 day rule will not apply.
NoPenaltyPoints - 5-Jul-17 @ 1:01 PM
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