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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?)
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.
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.
Tweak this accordingly please:
https://www.dropbox.com/scl/fi/nsogm2tnu5ljz7blh87o6/a406.pdf?rlkey=zld0ro4ha0p7do7f5rverrlju&st=xjeq3iuw&dl=0
OP, for the avoidance of doubt, can you please post up this "second notice". The first notice would have been the PCN.
Which notice? PCN or EN?
OK, your video shows the roadworks, but you would seem not to have captured the "Use Bus Lane" sign.
Their letter is the usual Fob-Off letter that totally fails to consider your representations. TfL have, like all authorities serving PCNs a duty to consider representations but here, although repeating most of yours, then totally fails to respons to them.
If it were me, I'd take them all the way to London Tribunals as your evidence seems very strong, but sight of the sign would make a slam-dunk win, I think.
So over to you
