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If an NIP is served late or is not served, you may have a defence to the driving offence you are facing

Please watch the video below which may help you understand if your NIP is genuinely late.

For more information about the effect of a late NIP, please see our general page on Notices of Intended Prosecution.

Late NIPs and what to do about them

Use our Flowchart

As a further check, please answer each question in the flowchart below to find out how likely you are to have a defence.

There is also a practical example of the 14-day rule below the flowchart.

For more information about the effect of a late NIP, please see our general page on Notices of Intended Prosecution.

 

Were you stopped at the time of the alleged offence?

The police don’t have to give you a written warning so may have given you a verbal warning at the roadside. They will often issue you with a traffic offence report (TOR).

If you were stopped and warned at the time about the possibility of being prosecuted then no NIP is required.

Continue if ‘no’

How To Check If Your Nip Is Late

Was there an accident?

The police do not need to send you an NIP if you were involved in an accident.

Continue if ‘no’

How To Check If Your Nip Is Late

Does the offence require an NIP?

Some offences do not require an NIP, therefore it cannot be out of time. The police are not required to serve a notice for allegations of using a mobile phone or handheld device while driving. Notices are not required for driving without insurance or driving otherwise than in accordance with a licence.

An NIP is required for cases of speeding, Dangerous Driving,Careless Driving (Driving without Due Care and Attention) and contravening traffic signals eg. red light offences

Continue if ‘yes’ or if your offence is not listed above

How To Check If Your Nip Is Late

Are you the registered keeper of the vehicle involved?

For this, you will need to check the V5C formerly known as the vehicle logbook. This is the red document issued by DVLA. You may not have the V5C if you are not the registered keeper, for example, if the vehicle is leased.

If you are not the registered keeper, the police do not have to send you an NIP. Therefore it cannot be out of time.

It is possible that the first NIP was sent to the registered keeper within 14 days. You would need to make enquiries with the registered keeper to find out. 

Continue if ‘yes’

How To Check If Your Nip Is Late

Is your address correct and up to date on the V5C logbook?

If not, then the NIP will be sent to the wrong address and you may not know about it. It will still be correctly served if it has been sent to the address on the V5C. The police do not need to send it to the address on your driving licence, only the address on the logbook.

Continue if ‘yes’

How To Check If Your Nip Is Late

Have you recently applied to change the address on the V5C logbook?

If you’ve moved house and there is a delay with DVLA changing your address on its system, the police may not be given the correct details by DVLA. This could provide them with a legitimate reason for sending an NIP late.

Continue if ‘no’ or if you’re unsure

How To Check If Your Nip Is Late

Have you only recently purchased the vehicle?

If there has been a delay with DVLA inputting your details as the new registered keeper, this may provide the police with a legitimate reason for serving an NIP outside 14 days. Provided the police have exercised reasonable diligence to get the information, the NIP may not be out of time even if served later than 14 days. 

Continue if ‘no’ or you’re unsure

How To Check If Your Nip Is Late

The NIP may be out of time.

If you want to challenge the validity of an NIP due to it being late, you can write to the police/central ticket office to challenge the NIP. However, you must still provide the details of the driver or you will commit a separate offence.

There is no space on the form to do this so you will need to include a separate covering letter.

You must not ignore a request for driver details just because the NIP may be late. If you do not provide the details within 28 days, you face 6 points and a higher fine.

We can write to the police for you if you prefer.

How are the 14 days calculated?

The date of the alleged offence is day 0. The following day will be day 1, and so on.

Continue counting, including weekends and bank holidays.

Day 14 is the deadline by which the NIP should be served.

Monday 17/10/22 and is out of time.

When is the NIP served?

The NIP is presumed served 2 business days after posting. This is only a presumption. You can give evidence that the NIP was not received by the presumed date of service.

A business day does not include weekends and bank holidays.

Worked Example

An alleged speeding offence occurs on 02/10/22 (Sunday).

14 days from the date of offence takes us to 16/10/22.

The police send the NIP on 13/10/22 (Thursday).

On the face of it, the NIP appears to have been served in time. However, the NIP was sent on a Thursday and is not presumed served until 2 business days after posting. Saturday and Sunday are not business days.

Therefore, the NIP is deemed served on Monday 17/10/22 and is out of time.

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