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Assuming you were the registered keeper and the DVLA hold the correct address for you the Safety Partnership has 14 days to get the Notice of Intended Prosecution (NIP) to you. They are normally sent by first class post. So assuming all the above is correct then you cannot be prosecuted and the case will fall on procedural grounds.
The exclusions are when you are not the registered keeper or the DVLA hold a different address for you. This usually happens when the car is either leased (in which case the lease company may be registered as the keeper) or it is a company vehicle and it is registered to them. In these circumstances although the keeper (ie lease company or company) must be served in 14 days the prosecution have an indeterminate time to reach you with the Notice of Intended Prosecution.
The reason is the NIP is accompanied with a "request for information" so if the keeper was not the driver they have a legal responsibility to provide information - to the best of their knowledge - as to who was driving the car at the time. 28 days is normally allowed for them to do this but that is not a set limit and it can go on beyond that.
In some circumstances where there is a leased company car it is possible for the NIP and request for information to be served on the lease company in 14 days, them to respond with the company details after 28 days and the company to provide details of who was driving after a further 28 days. In this scenario the NIP might not arrive with the actual keeper of the vehicle for three months and would still be perfectly valid.
The other problem that might occur is if you are the keeper and the item was lost in the post then provided there is proof of issue of the NIP within 13 days it is deemed to have been delivered within the 14 days unless you can show it was not.
It is extremely difficult to show an event did not take place and defences on this ground are usually only successful in office environments when post is stamped on receipt by someone independent of the keeper and the NIP can be demonstrated to be out of date.
One further point about NIPs is if they run beyond 91 days from date of offence the case cannot be dealt with by a fixed penalty notice - the case has to go to court - although if the reason for the delay in receiving the NIP was beyond your control then the court will usually deal with it on the same basis as a fixed penalty if they get a guilty plea - ie 3 points, £60 fine, no court costs - although you will incur the "victims of crime" levy of £15.
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