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#Post#: 98141--------------------------------------------------
NIP Received way after 14 days!
By: cru1928 Date: November 14, 2025, 6:52 am
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Hi all,
Have been served a NIP for doing 30 in a 20 with photographic
proof online.
HTML https://imgchest.com/p/6eyraovx64p
However I've been served the NIP way over the 14 day period. I
own the car (not leased, financed etc). The V5C is in my name,
I'm the sole owner.
I've been at the same address for 10+ years. The car was on a
custom reg which was reverted 30/08/2025 back to the originals
and I received the updated V5C back then.
Though the Date on the NIP is 09/10/25 I only recieved the
notice today.
Do I have any backing or do I just have to suck it up?
Cheers,
#Post#: 98148--------------------------------------------------
Re: NIP Received way after 14 days!
By: NewJudge Date: November 14, 2025, 7:31 am
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The immediate problem that you have is that it is very likely
the NIP was posted on the day it was produced (Thursday 9th
October). This means it was deemed to have been “served” on you
two working days later (i.e. Monday 13th October). You were
required to reply, providing the driver’s details, by last
Monday (10th November).
So your priority should be to contact the issuing office, tell
them what has happened and assure them that your response is on
its way. Assuming you were driving, you must provide a written
response by post. This will hopefully persuade them not to take
action against you for “failing to provide driver’s details” –
an offence which carries six points.
As far as the late NIP goes, it is presumed delivered two
working days after posting, unless the contrary can be proved.
The police only have to prove that it was posted in time to meet
the 14 day deadline, and if they do so, the burden falls on you
to show that it arrived late. You will have to convince a court
“on the balance of probabilities” (i.e. more likely to be true
than not) that it was not received within 14 days. If you
succeed with that, then no prosecution for speeding can succeed.
You would normally be offered a course for that speed (provided
you have not done one in the last three years). This would cost
you about £100 and a bit of your time, but no points. If you
fail to convince the court about the late NIP, you will almost
certainly be convicted of speeding, pay a fine of half a week’s
net income, a surcharge of 40% of that fine, around £650 in
costs and receive three points.
#Post#: 98150--------------------------------------------------
Re: NIP Received way after 14 days!
By: disgruntchelt Date: November 14, 2025, 7:36 am
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Do you have any evidence that it was received today? (Postman
who witnessed you open it)
Is there any explanation for the delay (crumpled envelope,
writing on envelope saying delivered to wrong address etc?)
#Post#: 98152--------------------------------------------------
Re: NIP Received way after 14 days!
By: cru1928 Date: November 14, 2025, 7:40 am
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[quote author=FuzzyDuck link=topic=8775.msg98147#msg98147
date=1763126583]
Since you have discounted the common valid reasons for a NIP to
be served after 14 days, it sounds like this could possibly a
reminder, any problems with postal deliveries, i.e. post going
missing? Although you have the V5C, is the address on it 100%
correct?
Regardless of the validity of the NIP, you must name the driver.
Failure to do so would see a much worse charge being raised. To
defend this you would have to decline (i.e. ignore) any offer to
dispose of the offence via a course or fixed penalty and allow
the matter to proceed to court. However running a late NIP
defence isn't as easy as you might think. If the police say a
previous NIP was served within 14 days, but you say it wasn't
it's toss up if the court would just accept that. We had a
member on Pepipoo that even had a witness (postman) that a NIP
was served late but was still convicted. Only got it overturned
after two appeals.
[/quote]
If the letter was a re-issue, would it have had a date on the
NIP so soon after the alleged offence date? (The alleged offence
was on 04/10/25, and the letter says 09/10/25).
The V5C address is correct. Also, as the letter states, the S172
must be filled within 28 days, and it's evidently been over
that, should I include a letter stating the reason it was
replied to "late"?
#Post#: 98154--------------------------------------------------
Re: NIP Received way after 14 days!
By: cru1928 Date: November 14, 2025, 7:42 am
---------------------------------------------------------
[quote author=NewJudge link=topic=8775.msg98148#msg98148
date=1763127068]
The immediate problem that you have is that it is very likely
the NIP was posted on the day it was produced (Thursday 9th
October). This means it was deemed to have been “served” on you
two working days later (i.e. Monday 13th October). You were
required to reply, providing the driver’s details, by last
Monday (10th November).
So your priority should be to contact the issuing office, tell
them what has happened and assure them that your response is on
its way. Assuming you were driving, you must provide a written
response by post. This will hopefully persuade them not to take
action against you for “failing to provide driver’s details” –
an offence which carries six points.
As far as the late NIP goes, it is presumed delivered two
working days after posting, unless the contrary can be proved.
The police only have to prove that it was posted in time to meet
the 14 day deadline, and if they do so, the burden falls on you
to show that it arrived late. You will have to convince a court
“on the balance of probabilities” (i.e. more likely to be true
than not) that it was not received within 14 days. If you
succeed with that, then no prosecution for speeding can succeed.
You would normally be offered a course for that speed (provided
you have not done one in the last three years). This would cost
you about £100 and a bit of your time, but no points. If you
fail to convince the court about the late NIP, you will almost
certainly be convicted of speeding, pay a fine of half a week’s
net income, a surcharge of 40% of that fine, around £650 in
costs and receive three points.
[/quote]
This answers my last post, thank you.
#Post#: 98156--------------------------------------------------
Re: NIP Received way after 14 days!
By: cru1928 Date: November 14, 2025, 7:44 am
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[quote author=disgruntchelt link=topic=8775.msg98150#msg98150
date=1763127375]
Do you have any evidence that it was received today? (Postman
who witnessed you open it)
Is there any explanation for the delay (crumpled envelope,
writing on envelope saying delivered to wrong address etc?)
[/quote]
I should be able to retrieve the CCTV footage and Ring camera
footage, the letter doesn't have any writing on the envelope
stating wrong address.
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