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: 17 Jan 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.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
I received a nip on the 17th of Jan. It was dated 16/01/17 the offence in question was on the 13/12/16 can I appeal this as it's not within the time limit. I was doing 42 in a 30 zone.
Taylor13 - 17-Jan-17 @ 12:26 PM
I was driving a company car at 69 miles per hour in a 50 mile per hour zone on the M1. The incident took place on the 16.12.16, The Notice of Intended Prosecution is dated 11.01.17. Can I reject this based on the 14 day rule?
Gary C - 12-Jan-17 @ 10:42 AM
Kings - Your Question:
Ive not received a notification letter regarding the alleged speeding offence from June 2016. In August I've received a letter from the magistrate court regarding the offence. I had to attend the court. Has been trying to explain what has happened, but the answer was that because it's my car I'm responsible plus I haven't produced the name of the driver at the time of the offence. I didn't get any notification so didn't even know that this offence took place. I need to go to the crown court as magistrate court was not really interested in my explanation. What should I do?

Our Response:
It might be better if you seek professional legal advice from motoring lawyer or similar to help you with this. At the stage this has got to, it seems the courts are looking for some proof that you have not received any prior communication.
NoPenaltyPoints - 11-Jan-17 @ 2:25 PM
Ive not received a notification letter regarding the alleged speeding offence from June 2016. In August I've received a letter from the magistrate court regarding the offence. I had to attend the court. Has been trying to explain what has happened, but the answer was that because it's my car I'm responsible plus I haven't produced the name of the driver at the time of the offence. I didn't get any notification so didn't even know that this offence took place. I need to go to the crown court as magistrate court was not really interested in my explanation. What should I do?
Kings - 10-Jan-17 @ 6:39 PM
My work received a NIP i was speeding the offense took place on 2nd December so should of received it on the 17th it came just after Christmas the date on the NIP is 23rd December so already past the 14 days. My question is does my boss the registered keeper fill in my details and on the NIP with a rejection letter because of time expired. The recent postal strike didn't affect this because it started on the 19th and i should of received it by the 17th
kobald - 6-Jan-17 @ 6:11 PM
I have a company car and just received an NIP from an offence (38 in a 30) on the 04.012.16. The letter was sent yesterday, 36 day later and arrived today. It is possible that the notice was served elsewhere first but this is still more than double the amount of time the notice should be served in. Any advice? Many thanks
Bill - 6-Jan-17 @ 5:14 PM
Bazza37 - Your Question:
I have a company car and my employer recieved an NIP dated 30th December 2016. My speeding office was 13th December 2016. I understand this is equates to 16 days.which is outside.the.14 day NIP period.Legally my employer who is the registered keeper will need to name me as the driver as it is a criminal offense not to do so.I guess I will recieve a new NIP notice which will have a new date giving the police an excuse for the time lapse. Can I still argue.the original NIP was served too late and outside 14 days to the registered keeper?I was doing 81 on a 70MPH limit road.

Our Response:
You could try appealing on this basis, but there may be an allowance for the two bank holidays during the period in question.
NoPenaltyPoints - 5-Jan-17 @ 2:18 PM
I have a company car and my employer recieved an NIP dated 30th December 2016. My speeding office was 13th December 2016. I understand this is equates to 16 days.which is outside.the.14 day NIP period. Legally my employer who is the registered keeper will need to name me as the driver as it is a criminal offense not to do so. I guess I will recieve a new NIP notice which will have a new date giving the police an excuse for the time lapse. Can I still argue.the original NIP was served too late and outside 14 days to the registered keeper? I was doing 81 on a 70MPH limit road.
Bazza37 - 4-Jan-17 @ 11:06 PM
Recieved nip but was using a hire van at the time. If i found out that they sent it over the 14 day limit to the hire company could i still appeal?
craigy8976 - 24-Dec-16 @ 4:31 PM
I received a NIP for a speeding offence that my wife committed on the 4th December. The NIP is dated 20th December. The car is on a personal lease but I am 99% sure the DVLA have me as the registered keeper. What should I do? If I am to contest it on the 14 day rule do I fill in the back saying that my wife was driving or just contest due to the fact it took 16 days + postage time? Cheers.
Nickt - 22-Dec-16 @ 9:00 PM
Kelly - Your Question:
Which method do the police use to obtain your details? Is it the reg number (and log book) or do they find the registered keeper then look for their licence information? I was caught doing 35 in a 30 in 25/10/16, but only received the NIP today dated 20/12/16. I changed my car in mid September but had received the new log book long before the incident. I moved house in may and only recently changed the address on my licence (not sure exactly when but in the last few months) so could the delay in sending the NIP have occurred because they wrote to the address on my licence, or can I challenge it for being out of time?

Our Response:
The police have access to the DVLA database. You could try challenging this one if it's over a couple of months since you notified DVLA of your new address (i.e it really shouldn't take them that long to update their database). Here's our guide to how to dispute the NIP
NoPenaltyPoints - 22-Dec-16 @ 12:39 PM
Which method do the police use to obtain your details? Is it the reg number (and log book) or do they find the registered keeper then look for their licence information? I was caught doing 35 in a 30 in 25/10/16, but only received the NIP today dated 20/12/16. I changed my car in mid September but had received the new log book long before the incident. I moved house in may and only recently changed the address on my licence (not sure exactly when but in the last few months) so could the delay in sending the NIP have occurred because they wrote to the address on my licence, or can I challenge it for being out of time?
Kelly - 21-Dec-16 @ 11:41 AM
Jo - Your Question:
Does anyone know if the 14 days includes bank holidays as well as weekends?

Our Response:
No - count from the date of the offence as day zero.
NoPenaltyPoints - 20-Dec-16 @ 11:07 AM
Does anyone know if the 14 days includes bank holidays as well as weekends?
Jo - 19-Dec-16 @ 10:34 AM
Geedebb - Your Question:
I was pulled over by a roadside policeman who caught me over the speed limit 42 in a 30), he said I would likely be invited to a speed awareness course and I continued my journey. I then heard nothing for 2 full months and received a NIP yesterday for £100 fine and 3 penalty points. Do I have any grounds to appeal? Many thanks

Our Response:
What you received was a Fixed Penalty Notice (FPN) not a Notice of Intention to Prosecute (NIP). The police have up to 6 months in which to initiate further action after identifying you as the driver (which obviously the police officer did at the roadside with you). The police officer said you would "likely" be invited to a speed awareness course; courses are offered at the discretion of the police so there's no certainty in this. You would not therefore, have grounds to appeal.
NoPenaltyPoints - 5-Dec-16 @ 12:07 PM
Hi Husband has just received a single justice procedure notice from being stopped on the motorway for speeding by an unmarked car months ago. It's been over 2 months can they do this? Is this different from just having to pay a fine/points? Is this as a result of such a high speed? He was doing 97 in a 70 zone. I know 100 is an instant ban. Could he still face this even if he pleads guilty via post? Thanks
Ang - 2-Dec-16 @ 7:45 PM
I was pulled over by a roadside policeman who caught me over the speed limit 42 in a 30), he said I would likely be invited to a speed awareness course and I continued my journey. I then heard nothing for 2 full months and received a NIP yesterday for £100 fine and 3 penalty points. Do I have any grounds to appeal? Many thanks
Geedebb - 2-Dec-16 @ 6:58 AM
thegripper - Your Question:
Just received a speeding ticket dating back to the 10th sept 2016 at the time we had just purchased the vehicle it looks like the previous owner had not sent the dvla the correct paperwork for change of ownership can this ticket be contested as this happened nearly four months ago

Our Response:
Not easily. The police can probably demonstrate a valid reason for the delay on the basis that the DVLA information was not correct/available at the time.
NoPenaltyPoints - 29-Nov-16 @ 12:22 PM
just received a speeding ticket dating backto the 10th sept 2016 atthe time we had just purchased the vehicle it looks like the previous owner had not sent the dvla the correct paperwork for change of ownership can this ticket be contestedas this happened nearly four months ago
thegripper - 28-Nov-16 @ 1:40 PM
Sonia Docherty - Your Question:
I've just got a nip. speeding 38mph on a 30 zone, and apparently went through a red light, this isn't something I would do so I'm really unsure of what's in this letter and Im starting to wonder wether the camera caught my car while another car maybe next to me is the offender. Anyway I got this nip today 15th of November 2016 , letter dated 11th of November 2016 but the offence was apparently on the 18th of September 2016 nearly 2 months apart. Is this right?Sonia.

Our Response:
The NIP should be issued within 14 days of the offence so you may be able to reject it on this basis. If however, you have changed address or vehicle recently, or you are not registered keeper it may take a longer and you cannot reject it in these circumstances.
NoPenaltyPoints - 16-Nov-16 @ 1:34 PM
I've just got a nip .. speeding 38mph on a 30 zone, and apparently went through a red light, this isn't something i would do so I'm really unsure of what's in this letter and Im starting to wonder wether the camera caught my car while another car maybe next to me is the offender. Anyway I got this nip today 15th of November 2016 , letter dated 11th of November 2016 but the offence was apparently on the 18th of September 2016 nearly 2 months apart. Is this right? Sonia.
Sonia Docherty - 15-Nov-16 @ 10:18 PM
Is it just 14 working days - or is a weekend classed as one of the days?
T - 10-Nov-16 @ 8:04 PM
I have received a Cond. Offer of Fixed Penalty.I was travelling in excess of 40mph. The incident took place 8.17am on 14th Oct.The date on the letter is 3 Nov. Can I contest the notice under the 14 day clause??
jw75 - 7-Nov-16 @ 2:44 PM
Mtd - Your Question:
Hi I have just received a NIP from my boss. He hired a truck and I have been caught doing 35 in a 30 zone. The date of offence is 07/09/2016. The date on their NIP is 26th October 2016. That is well over the 14 day period. Can I as the driver appeal the ticket as it is over the 14 day notification period ? My boss has to give the Police my name as driver. But can I the driver contest it as it is over the 14 day notification period. They haven't contacted me get but they will do.

Our Response:
No because your boss hired the truck, so the original NIP would have been sent to the hire company first.
NoPenaltyPoints - 4-Nov-16 @ 12:48 PM
My partner received a NIP Request for driver detail letter through the post on 3rd November. The NIP was dated 2nd November and related to an incident which occurred on 21 September. The incident related to being caught speeding by a manned device of some sort. She wasn't stopped at the time of the incident. She has owned the car since 2011, and it has been registered at her current address for over a year. She previously received another fine at the same address. To me there couldn't have been any issue in terms of getting the NIP to the correct person and it is definitely over 14 days since the incident when the NIP was dated, so does she have any defence?
nufcac - 4-Nov-16 @ 9:01 AM
Hi I have just received a NIP from my boss. He hired a truck and I have been caught doing 35 in a 30 zone. The date of offence is 07/09/2016 . The date on their NIP is 26th October 2016. That is well over the 14 day period. Can I as the driver appeal the ticket as it is over the 14 day notification period ?My boss has to give the Police my name as driver. But can I the driver contest it as it is over the 14 day notification period. They haven't contacted me get but they will do.
Mtd - 3-Nov-16 @ 7:38 PM
I have received 3 NIPS today dated 28 Oct for speeding on 13 Sep, 19 Sep and 30 Sep.....all from the same camera!! Very naive of me I know.....are these time barred as they were all served after 14 days?
LauraG - 29-Oct-16 @ 4:58 PM
Was caught speeding on camera the 6th of October 2016 and received my NIP on the 27th of October (it was sent out and dated the 26th October) however it is a hired company vehicle, how would I stand on getting this cancelled on grounds of time taken to issue NIP?
Russ - 27-Oct-16 @ 6:54 PM
Unlucky - Your Question:
A disputed offence on30/09/2016 section 2 signed delivery received 15 days later date on letter 12th oct any help

Our Response:
If the date on the letter was within 14 days of the offence then you cannot dispute it on that basis. It's when theNIP is dated rather than when you receive it.
NoPenaltyPoints - 27-Oct-16 @ 12:39 PM
A disputed offence on30/09/2016 section 2 signed delivery received 15 days later date on letter 12th oct any help
Unlucky - 25-Oct-16 @ 8:08 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments
  • fontfarm01
    Re: Fastest Speed Recorded for a Speeding Ticket?
    Been Caught doing 38 in a 30 zone the Van was parked literally at a Junction that is for cars coming on to…
    17 January 2017
  • Ferret_Driving
    Re: Defective Tyres
    I was pulled over for having a tyre under the legal limit, office told me it would be 3 points and £100 fine, came through 1 month later, paid it,…
    17 January 2017
  • Jake
    Re: Running a Red Light
    Hi there, Around 4 weeks ago (mid December) I received information to advise that I had run a red light back in August. Baring in mind this…
    17 January 2017
  • Focuskid
    Re: What to Do If You Get a Speeding Ticket
    I was sent a nip and on the day in question my speedometer was not working i have been to my garage on 2 occasions…
    17 January 2017
  • Jake
    Re: Running a Red Light
    Hi there, Around 4 weeks ago (mid December) I received information to advise that I had run a red light back in August. Baring in mind this…
    17 January 2017
  • Jake
    Re: Running a Red Light
    Hi there, Around 4 weeks ago (mid December) I received information to advise that I had run a red light back in August. Baring in mind this…
    17 January 2017
  • NoPenaltyPoints
    Re: Defective Tyres
    ALLEGRA - Your Question:Hello,I got stopped for 3 defectives tyres, I am thinking of pleading guilty by letter with explanation. Any advice? what…
    17 January 2017
  • Taylor13
    Re: Does an NIP have to be Served Within 14 Days?
    I received a nip on the 17th of Jan. It was dated 16/01/17 the offence in question was on the 13/12/16 can I…
    17 January 2017
  • Darren7070
    Re: Dispute a Speed Ticket: NIP Sent in the Incorrect Time Frame
    Hi. My son received a NIP 8 weeks after the alleged date of offence and I wrote back…
    17 January 2017
  • NoPenaltyPoints
    Re: Dispute a Speed Ticket: NIP Sent in the Incorrect Time Frame
    IA - Your Question:I received a NIP on the 16th January 2017 NIP dated 11 January 2017…
    17 January 2017
Further Reading...
Our Most Popular...
Add to my Yahoo!
Add to Google
Stumble this
Add to Twitter
Add To Facebook
RSS feed
You should seek independent professional advice before acting upon any information on the NoPenaltyPoints website. Please read our Disclaimer.