NHS Penalty Charge Notice received

Igotothefootofourstairs

Reading this thread..


Maybe pay under protest...making it clear the reasons as .... tell them so in writing, either recorded mail perhaps sent and witness by a police officer stationed at your local One stop shop... they may even have a post office or post box better still if plod witnesses that going in the post (if your council has one) email can be good if they reply acknowledging this. Also prepare affidavit or pro forma statement of truth.


Prepare a small claims court action to recover your money.


Has anyone taken this NHS business authority to the small claims court..


Seems like a form of blackmail ...demanding money with menaces. A criminal offence too. Plod should be aware of this too..

dippy3103

Igotothefootofourstairs wrote: »

Reading this thread..


Maybe pay under protest...making it clear the reasons as .... tell them so in writing, either recorded mail perhaps sent and witness by a police officer stationed at your local One stop shop... they may even have a post office or post box better still if plod witnesses that going in the post (if your council has one) email can be good if they reply acknowledging this. Also prepare affidavit or pro forma statement of truth.


Prepare a small claims court action to recover your money.


Has anyone taken this NHS business authority to the small claims court..


Seems like a form of blackmail ...demanding money with menaces. A criminal offence too. Plod should be aware of this too..

It's not blackmail. It is an offence to say you have a valid exemption card when you don't- you have to pay and claim it back when you get the card. Two years ago I had an accident and the injury was such that I need long term medication so I did this whilst waiting for my pre payment card to arrive.

They are not demanding money with menaces-they are giving you the chance to pay a reduced fine before it goes to the full penalty. I'm not saying it's fair, I'm saying it's lawful. Unlike saying you have an exemption card which you don't which is indeed an offence- a statement was made that Is false in a material fact and the Medes were handed over as a result.

Lastly, "Plod" have far better things to be doing than listening to people complain about how unfair it is being fined for breaking the law. It's a civil matter and if you want it to change the correct route is your MP.


Please OP, however disgruntled you may be, do 't waste your time. Appeal the penalty by all means..

pmduk

KxMx wrote: »

NHS BSA take around a month to process an HC1 form,

My recent one took a fortnight. I've never had take as long as a month.

KxMx

NHS BSA say themselves say within 18 working days.

My last one a few months ago came back right at the end of that time period.

seven-day-weekend

To the original OP - the charge has not been levied incorrectly so I don't see what you can appeal against. That you didn't understand it is, in this context, irrelevant.

epitome

#62, Why would you take NHS to the small claims court? At least initially, you should be using their appeals procedure.

In general,
OP has not returned for 2 years, but would have been better for someone to have advised him to check his JSA screens, to see if he had JSA C and JSA IB amounts. And to tell him to backdate an HC1, and to appeal the penalty or any refusal to backdate the HC2, with evidence from JSA screens that but for his being employed and paying tax, he would have been entitled to free treatment by way of JSA IB. They may have looked favourably on that process.

Has anyone here got any experience of working for NHS health costs appeals?

Igotothefootofourstairs

First off the NHS business authority are not a court and have no business issuing fines or charges for anything not properly agreed beforehand especially when no rate scale or sums of money are mentioned on prescriptions or dental charges.


In answer to #67 ..you would pay under protest making it clear your reasons for not agreeing with the somewhat inflated charge. It widely commented on here and the internet that this organisation will not listen to proper representation in their own appeals process (which is like asking a criminal to judge their own case) this is why you should take it to an independent and impartial process via small claims ... let a Judge decide what is right and just.
Remember that the plaintiff is swearing on oath that he unknowingly misclaimed due to mistakes and misinformation by third parties that should have known the correct procedures.


In reply to #63


Plod are there to protect the public from crime. Dodgy organisations like NHS business authority need scrutiny and Plod should help members of the public when required as in this case to witness both this extortionate financial demand and threats and the posting of the documents to prove in a court that you have paid under duress and protest for a court hearing to recover the money proceed with a blackmail charge at a later time.


Too many of these thug like parking companies and these greedy and unfair businesses like NHS business authority are rising up to take advantage of the public and they need putting out business and where possible behind prison bars.


Plod, by the way, seem very quick to appear when a bailiff company calls them out of for a "breach of the peace" usually when the only party causing this alleged BoP is the bailiff... plod aren't supposed to deal with civil matters.


This is a criminal matter i.e. blackmail and or extortion and actually exactly where the Plod should be doing their job!

IAmWales

Igotothefootofourstairs wrote: »

First off the NHS business authority are not a court and have no business issuing fines or charges for anything not properly agreed beforehand especially when no rate scale or sums of money are mentioned on prescriptions or dental charges.


In answer to #67 ..you would pay under protest making it clear your reasons for not agreeing with the somewhat inflated charge. It widely commented on here and the internet that this organisation will not listen to proper representation in their own appeals process (which is like asking a criminal to judge their own case) this is why you should take it to an independent and impartial process via small claims ... let a Judge decide what is right and just.
Remember that the plaintiff is swearing on oath that he unknowingly misclaimed due to mistakes and misinformation by third parties that should have known the correct procedures.


In reply to #63


Plod are there to protect the public from crime. Dodgy organisations like NHS business authority need scrutiny and Plod should help members of the public when required as in this case to witness both this extortionate financial demand and threats and the posting of the documents to prove in a court that you have paid under duress and protest for a court hearing to recover the money proceed with a blackmail charge at a later time.


Too many of these thug like parking companies and these greedy and unfair businesses like NHS business authority are rising up to take advantage of the public and they need putting out business and where possible behind prison bars.


Plod, by the way, seem very quick to appear when a bailiff company calls them out of for a "breach of the peace" usually when the only party causing this alleged BoP is the bailiff... plod aren't supposed to deal with civil matters.


This is a criminal matter i.e. blackmail and or extortion and actually exactly where the Plod should be doing their job!

You've lost the plot chap.

The NHSBSA has statutory powers to issue fines. I have no idea why you would describe them as dodgy, they're not.

When you sign the prescription you acknowledge that a false declaration will result in penalties and you agree to the BSA verifying your information.

The rest of your post is yet more rubbish. The "plod" would have a good old laugh if you made a complaint of blackmail or extortion!

dippy3103

Igotothefootofourstairs wrote: »

This is a criminal matter i.e. blackmail and or extortion and actually exactly where the Plod should be doing their job!

Words fail... but let me help you out

http://www.inbrief.co.uk/offences/blackmail/

Specifically :-

"What elements need to be established to prove blackmail?

To prove blackmail it must be shown the defendant did the following things:

made a demand;
with menaces;
that the demand was unwarranted; and
that the defendant has a view to make a gain for himself or another or have intent to cause a loss to another."

The demand is warranted as a fixed is lawfully due. If you don't pay then there is enforcement action.

The Police have better stuff to do- like catch real criminals etc.

craig_1968

I recently went to my doctor with an anomaly on my tongue he advised me to see my dentist asap, I got an urgent appt and dentist referred me to outpatients. I ticked the JSA ir box as I'd been on JSA for more than 6 months in total with a break in the middle. Later that day when I signed I asked my work coach and she advised me that I was still on C so I intended to rectify the error. But I received a penalty notice rather quickly, I emailed them back and they basically said "tough", I have called them and they told me to get a letter from my GP to state I was stressed and wasn't fully aware of what I was signing. Really? So one part of the NHS wants me to waste a valuable gp appointment because they don't believe me but my doctor will. And a letter from my gp will suffice. Absolutely ridiculous.