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Speeding Ticket Arrived Late — The 14-Day NIP Rule

By GetRighted Legal Research TeamLast updated July 2026

Summary

Under Road Traffic Offenders Act 1988, s.1, a Notice of Intended Prosecution (NIP) for a speeding offence must be served on the registered keeper within 14 days of the alleged offence. 'Served' means received — not posted. If your NIP arrived after 14 days, the prosecution may be barred. This is a complete defence, not a mitigation. Check the date of the offence on the NIP against the date it was delivered. Keep the envelope.

What to Check

Before responding to the NIP:

  • ✓Note the alleged offence date from the NIP
  • ✓Note the date you actually received it — this is the date of service
  • ✓Keep the envelope and note the postmark date as supporting evidence
  • ✓Count calendar days from offence date to receipt date
  • ✓If more than 14 days, you may have a complete NIP timing defence
  • ✓Do NOT complete and return the NIP before taking advice — doing so may constitute an admission

What Happens Next

The NIP process and how to raise the late service defence:

  1. 128 days from NIP: Respond to the Section 172 request identifying the driver (or face a separate offence)
  2. 2If raising late service defence: note your receipt date in writing to the issuing force
  3. 3Police or force review: they may acknowledge late service and discontinue, or proceed
  4. 4If a Fixed Penalty Notice is issued: you can request a court hearing and raise the s.1 defence
  5. 5Magistrates' Court: late NIP service is a complete defence under RTOA 1988 s.1

Critical: Section 172 Is Separate

Even if the NIP was served late, you are still required to respond to a Section 172 notice identifying the driver within 28 days. Failing to do so is a separate offence carrying 6 points and a fine. Do not ignore the NIP entirely — respond to any s.172 request while separately raising the late service point.

The Law

Road Traffic Offenders Act 1988, s.1(1): 'A person shall not be convicted of [a speeding offence] unless... (c) a notice of intended prosecution was... served on him... within fourteen days of the alleged offence.' RTOA 1988 s.1(1)(c): service means delivery to the registered keeper. R v Okike [2005]: confirmed that s.1 is a strict requirement and late service defeats the prosecution unless exceptions apply.

Sources

  1. Road Traffic Offenders Act 1988, Section 1
  2. Road Traffic Offenders Act 1988, Section 172
  3. R v Okike [2005]

Frequently Asked Questions

The NIP was postmarked within 14 days but arrived on day 15 — does that count?
Yes — 'served' under RTOA 1988 s.1 means received, not posted. If the NIP arrived on day 15, it was served outside the 14-day window and the defence applies, regardless of when it was posted. Keep the envelope as evidence of the postmark date.
What if I was not home when the NIP was delivered and it was left in a letterbox?
Delivery to the letterbox at your registered address is service even if you were not personally present. The date it dropped through the letterbox is the date of service. If you collected it from a sorting office or a neighbour after that date, the service date is still the delivery date, not the collection date.
Do I still need to respond to the NIP if it was served late?
You should respond to any Section 172 notice to name the driver — failure to do so is a separate offence under RTOA 1988 s.172, carrying 6 penalty points. Raise late service separately rather than ignoring the notice entirely.
Can the police argue the NIP was served in time despite what I say?
Yes — they may claim to have served it on a different date. Your envelope postmark is important evidence. If the postmark supports your receipt date and the force cannot produce evidence of earlier delivery, the court should accept your account.

Related

  • late-notice-traffic
  • pcn-served-late

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