NIP 14-Day Rule: When a Late Notice Means You Can Beat Your Speeding Ticket
The NIP must be sent to the keeper within 14 days of the offence. If it was late, the prosecution cannot proceed. Exceptions and postal delays explained.
Under Section 1 of the Road Traffic Offenders Act 1988 (RTOA 1988), a Notice of Intended Prosecution (NIP) for certain offences, including speeding, must be served on the registered keeper within 14 days of the alleged offence. "Served" means sent – it is the date of posting that counts, not the date you receive it. If the NIP was posted after the 14th day, the prosecution cannot proceed. This is an absolute requirement and one of the most powerful defences to a speeding allegation.
This guide explains what the 14-day rule means, how to check if your NIP was late, the limited exceptions, and what to do if you believe the notice was out of time.
What Does the 14-Day Rule Require?
Section 1(1)(c) RTOA 1988 requires that the NIP be served on the defendant (or the registered keeper, who may then be required to identify the driver under [Section 172](/blog/section-172-notice-deadline-consequences)) within 14 days of the offence. The courts have held that service is effected when the notice is sent by first-class post to the last known address of the keeper. So if the offence was on 1 January, the NIP must be posted by 15 January (day 14). If it was posted on 16 January, it is out of time.
How Do I Check If My NIP Was Late?
Look at two dates: the date of the alleged offence (on the NIP) and the date the NIP was sent. The latter may be printed on the letter or envelope. If you no longer have the envelope, request disclosure from the police – they must disclose when the notice was posted. Count 14 days from the day after the offence. If the posting date falls on day 15 or later, the NIP is late and you have a complete defence. Do not rely on when you received it; receipt on day 16 is irrelevant if it was posted on day 14.
Are There Exceptions to the 14-Day Rule?
Yes, but they are narrow. If the vehicle was registered abroad, or the keeper’s address was not on the DVLA register in time, the police may have sent the NIP to the DVLA first and then to you. In that case, the 14 days run from when the police had sufficient information to send the NIP to the keeper. If you had recently bought the car and the V5C was not yet updated, the NIP might have gone to the previous keeper first; once it was sent to you, the 14 days are calculated from the offence. These cases are fact-specific. The main point is: for the vast majority of UK-registered vehicles with correct DVLA details, the NIP must be posted within 14 days of the offence.
What About Postal Delays?
Postal delays do not extend the 14 days. The law focuses on when the notice was sent, not when it arrived. If the police posted it on day 14 and you received it on day 20, that is still valid. If the police posted it on day 15, it is invalid even if you received it on day 16. The only exception would be if the police could prove they posted it in time but to the wrong address through no fault of their own – a rare scenario.
What Should I Do If I Think the NIP Was Late?
Do not ignore the notice. You must still respond to the Section 172 requirement to name the driver (within 28 days), or you risk 6 points and a fine for failing to furnish information. In your response, you can state that you believe the NIP was served out of time and that you are reserving your position. If the case proceeds, request disclosure of the posting date and raise the 14-day point as a defence. Many forces will discontinue the case if the posting date is on or after day 15.
How Does This Relate to Speeding Defences Generally?
The 14-day rule is a procedural defence. If it applies, the prosecution cannot succeed regardless of whether you were speeding. For other defences (e.g. camera calibration, signage), see [how to appeal a speeding ticket in the UK](/blog/how-to-appeal-speeding-ticket-uk). Always respond to the S172 notice on time while you investigate.
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Frequently Asked Questions
Is the 14th day the last day to post the NIP?
Yes. The NIP must be served within 14 days. The courts interpret this as posted no later than the 14th day after the offence (the day after the offence being day 1). So posting on day 14 is valid; posting on day 15 is not.
What if the NIP was sent to a previous keeper first?
If the vehicle had recently changed hands and the DVLA still had the old keeper’s details, the police may send the NIP to the previous keeper. When they then send it to the new keeper, the 14-day period is still calculated from the date of the offence. If that means the new keeper gets the NIP "late" because of the redirect, the position can be complex; you may need to argue that service on the new keeper was out of time.
Can I use the 14-day rule if I received the NIP on day 15?
Only if the NIP was also posted after the 14th day. If it was posted on day 13 and you received it on day 15, the requirement is satisfied. Check the posting date, not the receipt date.
What offences does the 14-day rule apply to?
It applies to offences under the Road Traffic Act 1988 that require a NIP: speeding, careless driving, dangerous driving, and certain other traffic offences. It does not apply to offences where you were stopped at the time (e.g. drink drive) because you were given notice at the scene.
What if I was not the registered keeper when the NIP was sent?
The 14-day rule applies to service on the registered keeper at the time of the offence. If the vehicle had been sold or the V5C was in the process of being updated, the police may have sent the NIP to the previous keeper. The 14 days still run from the offence date; if the new keeper receives the NIP late as a result, you may have a defence and should take legal advice.
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