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Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 9 Nov 2019 | 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 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
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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
hi I have just received a nip reminder for an speeding offence dated 09/03/19 and the letter dated 30/04/19. not received a nip before . suggestions please. thanks mark
sicknote - 2-May-19 @ 11:53 AM
I've received a NIP and it states from one place to another however I was travelling in the opposite direction. Does this count as incorrect information?
Dev - 30-Mar-19 @ 11:42 AM
Hi I've received a NIP today 7/3/18 dated 6/3/18 for alleged offence on 08/11/18 clocked doing 71mph on a single carriageway A road near Lincoln it's a hire van I hire thru the firm I deliver parcels for Amazon for. Surely they could have issued me with this NIP before now is it worth an appeal please advise?
mightywhite76 - 7-Mar-19 @ 7:10 PM
Hi. I got flashed on the m25 doing about 95 mph. It was a hired vehicle. I got flashed on 1 dec 2018. It is now 18th january 2019. Does this 14 day rule still apply?
Youngkid - 18-Jan-19 @ 5:21 AM
I got caught by a van on a side road in September 2018 and only found out in January 2019 still awaiting ticket as my company never gave them details of me as the driver of the van until they where summon to court
Bitterblue - 15-Jan-19 @ 7:37 PM
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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