Pre-pay prescription cert penalty charge. How to challenge

Alice_Holt

TheGardener said:

born_again said:

DullGreyGuy said:

sheramber said:

baser999 said:

Is it possible for someone to obtain a prescription in another’s name? Could someone have phoned the GP on the pretext of being OP? Bit far-fetched perhaps but when you look at how sophisticated scammers can be . . . .

The OP has confirmed with the GP that no prescription has been issued.

But its not just GPs that give prescriptions

But you would take it that they checked the system that will show all prescriptions that had approved by a member of staff?

Now in my case, I'm as certain as I can be that I didn't have a prescription at all - let alone one that wasn't paid for when it should have been.  My issue is that so far, I have been unable to locate any way to challenge the decision other than to prove that I was exempt...What I need is a way to challenge the whole basis of the penalty - which was that I didn't have a prescription at all. It seems my only option is to do a Data request thing  - Its very frustrating to be charged for doing something wrong and not having any viable method (other than going to great lengths to do a data request) to protest my innocence. 

    A Subject Access Request it not something you will be charged for.

     I'd also involve your MP.

TheGardener

Update: Wow - well, what a tangled web of collective failure this penalty charge turned out to be - in fact it might be hard to relate it here  .
Firstly - the NHSBSA have confirmed that I was the wrong person and it should have been in the name of a relative. 
So a relative with the same GP surgery, the same (unusual) surname and similar but not identical D.o.B and postcode is/was in receipt of medical supplies for a condition that meant she was exempt and should have had an exemption certificate from the GP from the start. However, initially unaware that she should have been exempt anyway, she had for the first couple of years, been buying pre-paid certificates. Early last year the GP told her she didn't need the pre-paid as she was exempt so she stopped buying them.  There was no physical prescription involved. The relative would go to the medical supplier's website and tick which items she needed from a GP pre-approved list and the supplier (we now know but didn't at the time) then sent an electronic prescription to the GP who digitally signed it and sent it back to the supplier who then sent the items direct to the relative's home by courier. At no point did the GP confirm to the supplier that the relative was exempt and the medical supply company, although they had a record of the pre-paid cert - didn't question the GP or the relative when it expired last year and carried on sending the supplies each month. 

The only solution to the penalty charge would be if the GP issued an exemption cert now and it would be backdated 3 months. However, to make this even more bizarre - the relative had an operation a month after the penalty charge date that cured the problem and she no longer needs the medical equipment - AND she has also moved to a new area and has a new GP so the old GP's can't make changes to her record as he no longer has access to it and the new GP can't make the change as she is no longer eligible for exemption!! 

Quite how someone - we probably will never know who - managed to confuse me with this relative I doubt we will ever know but in the meantime, the medical supplier has conceded it should have taken more care and asked either the relative or the GP about the pre-paid/exemption cert and has offered to pay the penalty on her behalf via a refund. 
Jeeeze - you couldn't make that up! 

calcotti

Glad it's sorted.