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Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 7 Dec 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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Hi,I was pulled over by a traffic policeman on the 25/10/18 and to my knowledge i haven't received a written notice of intent to prosecute. I received a single justice procedure notice, which states by the traffic officer in his statement "i am reporting you for the question to e considered of prosecuting you for this offence. you do not have to say anything..." also the traffic officer says he "explained (to me) that the traffic offence report would be submitted to the MPS prosecutions who would be in communication with them regarding a method of disposal" My question is: Does this constitute a Notice of Intent to Prosecute?
rokko - 7-Dec-18 @ 5:19 PM
Hi, I have received my NIP on the 1/12/18 however in the letter the offence took place 27/09/18. The car is a company car though I am the registered keeper. I want to understand if I should accept the letter and then go to court to challenge the case as it is over 14 days. Or should I disputed it straight away?
Bozz - 3-Dec-18 @ 9:51 PM
I received an NIP on 13/1/18 for an offence on 2/8/18 (39mph in 30 limit) The vehicle is leased and on asking the leaser of the vehicle (they are also the registered keeper), they have told me that they received an NIP on 17th Sept, I'm intending to write to them rejecting the NIP on the grounds that its exceeds the 14 day period, i will also include proof from the lease co. of the date they received the NIP. Do i have to send in the filled in NIP even though i'm rejecting it?
Tod - 3-Dec-18 @ 3:53 PM
Hi there, i received a nip mid October for a speeding offence caught by speed camera on the 6th August. I wrote to the police advising that I wasn't excepting the NIP because it was issued more than 14 days after the offence. They recently wrote to me advising that they tried to send it to me 2 days after the offence however, the DVLA sent my address to them incorrectly. The issue is, i have received a nip from the same police in may 2018 as well another nip from the same camera a few days later received within the 14 days time frame. I haven't changed my address either. The nip in question didn't say it was a reminder wither. Can i still contest it as it appears its a admin error between them and has nothing to do with me.
S_Dot - 24-Nov-18 @ 8:18 PM
Hi, I received a NIP 20 days after I got flashed by a speed cam.The car is a lease vehicle, but I am the registered keeper of it. Would I have grounds to appeal? Kind Regards Ken
Ken - 22-Nov-18 @ 7:58 AM
Hi I received an NIP 8 weeks after the offence. The car is a lease vehicle, but I am the registered keeper of it. Would I have grounds to appeal ? Kind regards
SUEHOV - 19-Nov-18 @ 10:28 AM
Hi, NIP received 16 days after alleged offence on 29/10/18. By my calculation this is eligible for the time barred technicality? Can you confirm? Thanks.
D3lv3h - 14-Nov-18 @ 7:53 PM
I have received a NIP for an offence on 20/08/18 and the NIP has arrived dated 29/10/18. How should I proceed? Am I entitled to reject the fine?
Andrew - 30-Oct-18 @ 8:07 PM
I have just received (in October) a NIP from a red light camera. I moved house the day of the alleged offence in July and changed my address that day. I am only just receiving this letter now (at my current address). Does the 14 day rule apply under these circumstances? Thanks
unknown - 28-Oct-18 @ 1:00 PM
Hi, I have received a NIP for a speeding offence dated the 16/10/18- The offence took place on the 19/08/2018. The vehicle is a long term rental car paid for by my company. Is a little under two months enough time argue its time barred ? There are also no details on the letter of how to view the photographic evidence ? Issued by Devon & Cornwall police. Thank you in advance. Gavin.
GC - 17-Oct-18 @ 7:15 PM
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Snail - 17-Oct-18 @ 10:30 AM
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SJB70 - 15-Oct-18 @ 9:20 PM
I have received a speeding fine, and completed the initial paperwork to declare that it was me driving at the time. However, I have since become aware that the fine was issued way later than the 14 day period that the police have to issue the fine.Is it too late to contest the fine?I have not kept the original letter or envelope from the first correspondence to notify me of the fine, but I can remember the date the letter arrived.Have I got a case?
Nancy - 15-Oct-18 @ 12:09 PM
I have just received a N I P in the post dated 03/10/2018 regarding careless driving and failing to stop after a collision on 09/07/2018this is for a company pool car and I am unsure who if anyone was driving it at the time of the alleged offence does the 14 day rule still apply in this case ?
ray - 11-Oct-18 @ 9:46 AM
Hi I’ve received a PCN from 14-9-18 the notice is dated 3/10/18 and received on 5/10/18 either way it’s over days As it happens it’s innacurate anyway and they have got the wrong times on the camera Can I ignore it ? Or shall I reply
SS - 9-Oct-18 @ 2:53 PM
NIP dated 16 calendar days after offence date. Is the 14-day rule based on working or calendar days?
Huw2205 - 8-Oct-18 @ 8:05 PM
Hi I believe I was caught passing a mobile camera van unit, I'm not 100% sure if I was speeding or not, but if I was it was the 20th Sept, and as of post today, I have not received a NIP. As I am registered keeper, if it arrives tomorrow or next week, can I argue its time bared. If you can argue this, do you add a letter or note when you confirm to the authorities that you are the keeper etc. cheers in advance, helpful site.
J. - 5-Oct-18 @ 1:08 PM
Hi, On 22/09/2018 I have received an NIP letter re running a red light dated 21/09/2018. The offence took place on the 26/07/2018. I am the registered keeper of the car and I was the driver. Should I use 14 day rule and argue that the NIP is not valid as it was not sent out within 14 days? What to do if I wanted to appeal on this ground, what is the process?
Julius - 23-Sep-18 @ 10:26 AM
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
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