NHSBSA Penalty Charge - Pharmacist/Dispenser signing FP10

Nornorfox

It's definitely a moot point.  I think my overriding feeling is that if it's the first time you've been to collect a prescription, and you don't know anything about exemptions, then it's a tough call to expect that person to call out or question a dispenser's actions.
I'm also a bit baffled as to why NHSBSA have no concept of pragmatism when it comes to instances like this, where human error is clearly a factor - they seem hellbent on pursuing the £100 penalty charge as if their lives depend on it.  My son is only too happy to pay the prescription charge, now that he understands the system, but will not pay a penalty.  So we'll support him financially if they take it to court, and perhaps that's what's needed to highlight the flaw in the system.

born_again

This is not a dig at you.
But imagine working for them. How often do you think they hear this story?

They look at this like walking out of a store without paying & then getting caught down the street.. It's black & white. Not eligible for free, then it's a fine.

Ignorance is no defence, it's not like prescription charges are hidden. All our local ones (inc Boots) have signs up about the cost & who needs to pay.

Sadly he should have asked about paying.

sheramber

https://www.nhsbsa.nhs.uk/respond-your-letter

Who can challenge?

You can only make a challenge if you:

• were entitled to claim free NHS prescriptions or free or reduced-cost NHS dental treatment, or you had a valid prescription prepayment certificate at the time
• think you have an exceptional reason not to pay, and can show that you did not act wrongfully or with any lack of care

We will not usually accept a challenge if your exemption certificate had expired, or you feel that you were misadvised by your doctor or pharmacy staff.

Nornorfox

Just as an update, it seems that the NHSBSA approach is stubborn threats and no flexibility, but with nothing to follow it up. FOI 28808 on the opendata site shows that there has not been a single court case as a result of a PCN not being paid. The reason for this is that the law backs genuine cases, so they don't let these go to court - they just let them go so that they don't get published.
From what I've seen the NHSBSA bullies and lies in missives, and that's incredibly disappointing.  They clearly play an invaluable role in recouping lost revenue, but if there is no facility in place to consider mitigating factors then that seems incredibly unfair.
Anyway, thanks again to all for your thoughts, support, alternative POV etc. - much appreciated.