Does 'served within 14 days' mean posted or received?

Received. RTOA 1988 s.1 refers to service on the recipient. Courts have consistently held that service is effected on delivery, not posting. If the envelope postmark shows it was sent within 14 days but arrived on day 15, it was served on day 15 — outside the window.

The police say they posted it in time — how do I prove it arrived late?

Your envelope postmark supports your case. The police need a certificate of posting to prove dispatch date. If neither party has proof, courts apply the presumption of service in s.7 Interpretation Act 1978 (second working day after posting) but this can be rebutted by evidence of actual delivery date.

Can I ignore the NIP if it was late?

No. Ignoring the Section 172 request to name the driver is a separate offence carrying 6 points — worse than many speeding penalties. Raise the late service defence while still complying with s.172.

Does the 14-day rule apply to all speeding offences?

It applies to fixed camera and most moving camera detections where no NIP was given at the roadside. If a police officer stopped you at the scene and verbally gave you notice of intended prosecution, the 14-day requirement is satisfied regardless of when any written notice arrives.

NIP 14-Day Rule — Speeding Notice Must Arrive Within 14 Days

By GetRighted Legal Research TeamLast updated July 2026

Summary

Road Traffic Offenders Act 1988, s.1 requires a Notice of Intended Prosecution to be served on the registered keeper within 14 days of the alleged speeding offence. 'Served' means received — not posted. If your NIP arrived on day 15 or later, the prosecution may be statute-barred. Keep the envelope. Even if the NIP was late, you must still respond to any Section 172 notice identifying the driver within 28 days — failure to do so is a separate offence carrying 6 penalty points.

NIP Deadline Timeline

The 14-day rule and what follows:

1Day 0: Alleged speeding offence
2Day 1–14: NIP must be received by the registered keeper — check the delivery date
3Day 15+: NIP received after this point is potentially out of time — keep the envelope
428 days from NIP: Section 172 response deadline — must name the driver or face a separate offence
5Fixed Penalty Notice or court summons: Issued after s.172 response if offence is to be prosecuted

What Happens If the NIP Is Late

If the NIP was served outside 14 days, the prosecution for the speeding offence is statute-barred under RTOA 1988 s.1. You should raise this defence by letter to the issuing police force and at any court hearing. However: you must still respond to the Section 172 request identifying the driver — failure to do so is a separate offence under RTOA 1988 s.172 carrying 6 penalty points, regardless of whether the NIP was timely.

What to Do

Steps when you receive a potentially late NIP:

✓Keep the envelope — note the postmark date and your actual delivery date
✓Count calendar days from the alleged offence date to your delivery date
✓If more than 14 days: Write to the issuing force identifying the late service
✓Respond to any Section 172 notice to name the driver — do NOT ignore it
✓Seek legal advice before your court date if the force proceeds despite late service
✓Keep all correspondence with the police force regarding the timing issue

The Law
Road Traffic Offenders Act 1988, s.1(1): 'A person shall not be convicted of an offence to which this section applies unless... (c) a notice of intended prosecution was... served on him... within fourteen days of the alleged offence.' s.172(1): the registered keeper must provide the driver's details within 28 days of request. Failure under s.172 carries a fine and 6 penalty points. The two obligations are independent — late NIP defence does not excuse s.172 non-compliance.

Sources

Road Traffic Offenders Act 1988, Sections 1 and 172
Interpretation Act 1978, Section 7
R v Okike [2005]

Frequently Asked Questions

Does 'served within 14 days' mean posted or received?: Received. RTOA 1988 s.1 refers to service on the recipient. Courts have consistently held that service is effected on delivery, not posting. If the envelope postmark shows it was sent within 14 days but arrived on day 15, it was served on day 15 — outside the window.
The police say they posted it in time — how do I prove it arrived late?: Your envelope postmark supports your case. The police need a certificate of posting to prove dispatch date. If neither party has proof, courts apply the presumption of service in s.7 Interpretation Act 1978 (second working day after posting) but this can be rebutted by evidence of actual delivery date.
Can I ignore the NIP if it was late?: No. Ignoring the Section 172 request to name the driver is a separate offence carrying 6 points — worse than many speeding penalties. Raise the late service defence while still complying with s.172.
Does the 14-day rule apply to all speeding offences?: It applies to fixed camera and most moving camera detections where no NIP was given at the roadside. If a police officer stopped you at the scene and verbally gave you notice of intended prosecution, the 14-day requirement is satisfied regardless of when any written notice arrives.

late-notice-traffic
pcn-served-late

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NIP 14-Day Rule — Speeding Notice Must Arrive Within 14 Days

NIP Deadline Timeline

What to Do

Sources

Frequently Asked Questions

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