Surcharge after sending NHS PCN appeal

tati

Dear all,



I have received PCN for claiming free dental costs, not knowing I no longer qualify for exemption certificate.

I appealed just to ask for annulement as a gesture of good will explaining that following recent change in circumstances I have lost my entitlement but it simply did not occur to me. The appeal got rejected - that's OK, they seem not to use discretion at all, I understand, it was my fault. So, fine, I will pay.

However there's something that struck me as odd.

I was supposed to appeal the NHS PCN by 16/09/19 and I did send my challenge on 16/09/19 electronically (I know, last minute but still on the day) and almost instantly I received an automatic confirmation email stating that they aim to respond within 2 days. I received reply the next day saying that appeal is rejected and the surcharge has already been applied.



I've appealed many private parking companies' PCNs and always during the reconsideration the account was 'frozen' until I received a reply. Therefore, I asked for Regulations which outline rules of applying the surcharge during the process of appeal because there is no such information on a letter I received and not even in the NHS PCN Regulations document published online:


http://www.legislation.gov.uk/uksi/1999/2794/contents/made



Please can you put forward your opinions, am I not being reasonable in thinking that the fine should be placed on hold while it is being looked at?

Is there an Act of Regulations that I can request under the Freedom of Information Act, so NHS can confirm they were proceeding in accordance with rules?

....or is it just a losing fight...?


Please advise - many thanks!


Tati

[Deleted User]

Looks like a losing fight i'm afraid, you didn't qualify and shouldn't have claimed and they applied a PCN . Not what you want to hear sorry.

calcotti

It doesn’t answer your question but you may be interested in this, published today https://publications.parliament.uk/pa/cm201719/cmselect/cmpubacc/2038/2038.pdf

tati

Thanks for sending the document - indeed, it doesn't mention practices of applying a surcharge in event of an appeal.



The proceedings about applying a surcharge are not transparent nor clear and it looks like I have no power here.



I have been given two different deadlines by which I must pay the increased fee - these guys are not consistent in their actions which doesn't seem fair. And that is us losing this time.



If I'd like to request information under Freedom of Information Act I may have to pay a fee so I better use my time on something useful...