Home > Ask Our Experts > Does an NIP have to be Served Within 14 Days?

Does an NIP have to be Served Within 14 Days?

By: Tracy Wilkinson - Updated: 13 Jul 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 driving myt husband's car on 26/5/18 and went through a camera linked to a temporary 50mph speed limit on an empty road at 9pm which I thought was one of these only in force at certain times as others on same journey. I was clocked at 58mph. It was my husband's car, he sent the letter back saying it was me and it has taken them as further 3 weeks to contact me. Is there anything I can do? I'm very proud of my clean lic e nce ofover 30 years. Thanks
Harassed Mum - 13-Jul-18 @ 1:35 PM
I was the driver of a lease car that got caught by a manned speed camera on the 30th April 2018. The NIP arrived under the name of my husband (as registered keeper) on the 8th July. Could the delay have been caused by the fact that I was driving a lease car and the lease company caused delay?
Tansie - 9-Jul-18 @ 7:32 AM
Sneakily snapped at 22:00 on a clear road at a speed change sign. Offence 07 June, NIP dated 29 June. Does the 14 day rule apply to company vehicle or can the police claim it doesn't apply?
Jon - 9-Jul-18 @ 7:22 AM
Hi I've received a nip for speeding at 60 in a 50 area the defence date was 16/05/2018 but the date on the letter is 28/06/2018 does this still stand or can I contest it ??
Seancazzerr1 - 5-Jul-18 @ 8:58 AM
Noidea - Your Question:
Hi. I passed a speed van on May 30th and thought I’d been caught speeding. At the time I hadn’t received the log book for my car as I’d bought it relatively recently (about four weeks previoisly). The log book came through on June 20th. I’m just wondering how long I’ll need to wait before I can ‘breathe easy’ and assume I wasn’t caught? I’m thinking the NIP might have originally gone to the previous owner (now deceased) and so they’d need to trace me. Or maybe the garage only sent the log book details off because they received my speeding ticket? The garage took the details and gave me the green slip at the beginning of May when I bought the car but nothing came through until June 20th. How long do you think I have to wait before assuming they didn’t catch me? Or could it literally be anytime! Thank you

Our Response:
Unfortunately there are no time limits relating to this except the police start action within 6 months.
NoPenaltyPoints - 2-Jul-18 @ 3:01 PM
My partner is the registered keeper of my lease car of which he was sent a Notice Of Intended Prosecution. An alleged offence of speeding on the 17/05/2018. The NIP is dated the 18/06/2018. Received on approximately the 23rd June 2018 Driving on the motorway at 103 some 33mph over the limit. Does this 14 day rule comply in this instance. The NI came directly to us and not the lease company. Please advise. Thanks in advance for you reply.
Louise - 29-Jun-18 @ 11:56 PM
Hi, I was caught for driving without insurance on the 7th of June 2018. I received a traffic offence report receipt of my offence however after 21 days have not heard back from the police. At the top of the traffic offence report it clearly states ‘ DO NOT DO ANYTHING UNTIL YOU RECIEVE FURTHER WRITTEN INSTRUCTION FROM GREATER MANCHESTER POLICE.’ The doubt with me is however the fact the Policeman said to me that I had 30 days to pay the Fixed penalty Notice and if I didn’t do so it’d increase and a possibility of a court prosecution may occur. I’m puzzled at the whole situation and don’t understand as to what to do. If you could help that’d be brilliant. Thank you
Billy - 29-Jun-18 @ 5:45 PM
Hi. I passed a speed van on May 30th and thought I’d been caught speeding. At the time I hadn’t received the log book for my car as I’d bought it relatively recently (about four weeks previoisly). The log book came through on June 20th. I’m just wondering how long I’ll need to wait before I can ‘breathe easy’ and assume I wasn’t caught? I’m thinking the NIP might have originally gone to the previous owner (now deceased) and so they’d need to trace me. Or maybe the garage only sent the log book details off because they received my speeding ticket? The garage took the details and gave me the green slip at the beginning of May when I bought the car but nothing came through until June 20th. How long do you think I have to wait before assuming they didn’t catch me? Or could it literally be anytime! Thank you
Noidea - 29-Jun-18 @ 1:21 PM
Sammy - Your Question:
Hi I hope you are wellI was flased on the 11th June 2018 and I received the letter on the 14th June 2018.I returned the form on the 14th June 2018 1st class signed for admitting it was myself who was driving.I’ve received a letter dated 26 June 2018 offering me a course would I be able to reject it due to it being more then 14 days now?

Our Response:
No, the 14 day rule applies to the NIP (the first letter you received) which was served well within the 14 day period. We suggest you accept the course offer as you will lose this opportunity if you appeal.
NoPenaltyPoints - 29-Jun-18 @ 11:02 AM
Hi I hope you are well I was flased on the 11th June 2018 and I received the letter on the 14th June 2018. I returned the form on the 14th June 2018 1st class signed for admitting it was myself who was driving. I’ve received a letter dated 26 June 2018 offering me a course would I be able to reject it due to it being more then 14 days now?
Sammy - 28-Jun-18 @ 2:22 PM
Nudger - Your Question:
Hi. I have recently rejected a NIP on the grounds that it took over five months for the police to post me their intention to prosecute. The letter was sent but I thought I'd follow it up a few days before the deadline date of the fine. I've just got off the phone and it sounds like the fine still stands because I had not updated my vehicles address with the DVLA after a recent move (I've just checked and it's true, my vehicle is registered at my old address). The date of this alleged speeding offence was one week after a previous speeding offence (yes, the same camera caught me twice), this earlier NIP reached me within the two weeks, I paid the fine and got on with my life. Where do the police stand here? basically using the vehicles registered address as an excuse for the late delivery of the NIP when the other earlier fine reached me within the legal period without any problems?

Our Response:
The police can only go off the DVLA details at the time of the offence, so yes the 14 day rule does not apply.
NoPenaltyPoints - 27-Jun-18 @ 11:17 AM
Fab - Your Question:
Hi I received a nip today 26/06/2018 for speeding on 28/03/2018 is this valid?

Our Response:
Yes if you are not the registered keeper of the vehicle, or changed address, changed vehicle details near the time of the offence.
NoPenaltyPoints - 27-Jun-18 @ 11:15 AM
Hi. I have recently rejected a NIP on the grounds that it took over five months for the police to post me their intention to prosecute. The letter was sent but I thought I'd follow it up a few days before the deadline date of the fine. I've just got off the phone and it sounds like the fine still stands because I had not updated my vehicles address with the DVLA after a recent move (I've just checked and it's true, my vehicle is registered at my old address). The date of this alleged speeding offence was one week after a previous speeding offence (yes, the same camera caught me twice), this earlier NIP reached me within the two weeks, I paid the fine and got on with my life. Where do the police stand here? basically using the vehicles registered address as an excuse for the late delivery of the NIP when the other earlier fine reached me within the legal period without any problems?
Nudger - 26-Jun-18 @ 1:05 PM
Hi I received a nip today 26/06/2018 for speeding on 28/03/2018 is this valid?
Fab - 26-Jun-18 @ 1:00 PM
Help - Your Question:
Hi,I have just received in the post today a notice of intended prosecution dated 22/06/18.The alleged offence date of the exceeding speed limit is 23/05/18. This car is a courtesy car loaned to my son who was at the time on the motability scheme, as he was awaiting delivery of a replacement motability car.The speeding limit on the letter is 46 mph but doesn't state what the speed limit is on the road the alleged offence took place.As its been a month since the offence took place and today is the first moment I have been advised, does the 14 day period apply? It seems unfair that the courtesy car company have not passed on our details sooner?Many thanks

Our Response:
Unfortunately the 14 day limit does not apply in this instance. A NIP doesn't have to state the speed limit on the road at the time, it's merely to identify the driver.
NoPenaltyPoints - 25-Jun-18 @ 2:44 PM
Hi, I have just received in the post today a notice of intended prosecution dated 22/06/18. The alleged offence date of the exceeding speed limit is 23/05/18. This car is a courtesy car loaned to my son who was at the time on the motability scheme, as he was awaiting delivery of a replacement motability car. The speeding limit on the letter is 46 mph but doesn't state what the speed limit is on the road the alleged offence took place. As its been a month since the offence took place and today is the first moment I have been advised, does the 14 day period apply? It seems unfair that the courtesy car company have not passed on our details sooner? Many thanks
Help - 23-Jun-18 @ 10:49 AM
bennchurch - Your Question:
Hi,My wife has a NIP for driving 50 in a 30. The vehicle in question is a pool car that is constantly used by various members of our family and truly cannot remember who was driving at the time.The photograph taken by the camera was the rear of the car (the car has tinted windows at the rear).What is the situation here?Can various members of the family state that they use the car and may have been driving at the time?With thanks

Our Response:
Send the NIP back acknowledging that you are the registered keeper but that you do not know who was driving at the time. Say that you cannot identify the driver from the photo provided but can give a list of all the names and addresses of the possible drivers if necessary. Ask if they have further photographic evidence to help with identification. See our Guide here for more information
NoPenaltyPoints - 20-Jun-18 @ 10:18 AM
Hi, My wife has a NIP for driving 50 in a 30. The vehicle in question is a pool car that is constantly used by various members of our family and truly cannot remember who was driving at the time. The photograph taken by the camera was the rear of the car (the car has tinted windows at the rear). What is the situation here? Can various members of the family state that they use the car and may have been driving at the time? With thanks
bennchurch - 16-Jun-18 @ 11:01 AM
BC - Your Question:
Can my daughter appeal against a hefty motorway speeding ticket, due to poor mental health on this occasion?

Our Response:
We can't really give individual advice on whether someone can appeal a speeding ticket, if the correct procedures have all been folllowed and she was definitely speeding. If she feels explaining her mental health condition to a judge would help mitigate any penalty, it might be worth appealing and attending court, but seek professional advice first.
NoPenaltyPoints - 11-Jun-18 @ 11:10 AM
Can my daughter appeal against a hefty motorway speeding ticket, due to poor mental health on this occasion?
BC - 8-Jun-18 @ 8:30 AM
Hello, I think I may have passed a speeding camera three days ago, going a few miles above the speed limit. I’m expecting to receive a NIP in the next couple of weeks. However since then I’ve realised that I haven’t received a log book (I bought the car from a garage about a month ago- it’s a used car) The garage did give me the little green slip with my details on. My question is, will the police know to send the ticket to me if I haven’t had my log book through or will it maybe go to the old owner (deceased) or the garage? If if it did go to them first, would they then be able to track me down and if they did and it was outside the 14 day period, would I be able to reject it? From my point of view, it’s not my fault that I haven’t received the log book as I’ve done everything I should have done so would I be able to reject the notice? Or would it come down to them taking extra time because they couldn’t find the registered owner (despite it being the garage’s fault for not sending off the log book). Thank you
Confused27 - 1-Jun-18 @ 12:14 PM
I received a NIP dated 14 May 2018 for a speeding offence commited on 17 March 2018. I.e. 28 days after the offence. I understand this should have been issued within 14days. My concern is that my drivers licence is registered to my old address. My insurance however is registered to my new one. Do I have a valid claim that my NIP was issued late? I am assuming not? Thanks
Chris - 31-May-18 @ 11:24 PM
Hi, I got a NIP dates 25/5/18 for doing 62mph on a 50mph reduced speed motorway on the 13/04/18. This is obviously longer than 14 days. Before I found out about the 14 day rule I’d already posted back the first document saying that I was the driver but I’ve not paid or sent them my license. How should I proceed?
EL - 30-May-18 @ 6:05 PM
maartymaart - Your Question:
Hi, I have received a PCN (via camera), of me entering a restricted entry rd, my fault as I did not see the signage, I was in an unfamiliar area as well. There are three occurrences and three fines. The PCN was in January and was issued to the rental company within 14 days, however I have only just received the PCN myself in May. It is also addressed wrongly and it is only by sheer luck that I have the PCN in my possession.Is their a time period outside of which the fines become void?Also, the address was issued by the rental company wrongly, but shouldn't they be sending it to my address listed with the DVLA?Thanks for your help.

Our Response:
Unfortunately it's unlikely you'll be able to appeal this for time based reasons, PCNs are not subjet to the same time limits as NIPs and as you're not the registered keeper, any limit will not apply anyhow.
NoPenaltyPoints - 14-May-18 @ 12:05 PM
Hi, I have received a PCN (via camera), of me entering a restricted entry rd, my fault as i did not see the signage, I was in an unfamiliar area as well. There are three occurrences and three fines. The PCN was in January and was issued to the rental company within 14 days, however I have only just received the PCN myself in May. It is also addressed wrongly and it is only by sheer luck that I have the PCN in my possession. Is their a time period outside of which the fines become void? Also, the address was issued by the rental company wrongly, but shouldn't they be sending it to my address listed with the DVLA? Thanks for your help.
maartymaart - 13-May-18 @ 3:45 PM
Hi I was doing some driving work.The company I worked for contacted me asking for my license as I had incurred a speeding fine.I questioned this and asked why they didn’t have my license details if I was doing work for them?They have since went to the agency I was working for and gotten my license details from them which to me seems like a breach of Data Protection? Would this mean I wasn’t insured for the vehicle.Also the letter I have reviewed is out with the 14 day rule.What’s the best course of action?
Sweens - 1-May-18 @ 6:36 PM
I received a NIP through the post on the 26/4/18 and the offence was on the 10/3/18. Can they still prosecute even though its over the 14 days and that I've admitted the crime? Tia
Mikey - 1-May-18 @ 2:14 PM
Hi, I have a lease van and the lease company have just sent me a NIP letter, the offence was on the 9th and the letter arrived with my lease company 17 days after the offense date. Can I reject this due to it been over 14 days of reaching the lease company ?
Kev - 27-Apr-18 @ 9:26 AM
I have received an NIP for over speed but it was driven by my partner. I have replied the NIP and provided her information. The NIP was send back two weeks ago but my partner have not heard anything back from the police. Do I need to call the police? How long it usually take them to reply? Can anyone advice.
Steve - 26-Apr-18 @ 10:48 AM
Julie - Your Question:
I received a NIP dated 16/04/2018 for an offence committed on 28/02/2018 - this is outside of the 14 day rule - do I still have to send back the acknowledgement that I was the driver and wait for the conditional offer before I contest it or should I contest and not send the form back?

Our Response:
As long as you are the registered keeper of the vehicle and haven't changed vehicle or address recently you should be able to reject it.Follow the steps in our guide here
NoPenaltyPoints - 24-Apr-18 @ 3:28 PM
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