NHS Penalty Charge Notice received - another victim

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What a nightmare. On my last visit to the dentist I filled in the usual form and after treatment took it down to the reception. On previous visits I had been getting Pension Credit Guarantee so didn't have to pay but now I am getting a State Pension and thought I would have to pay something. At the desk they said that's it, nothing to pay. I had not ticked any of the exemption boxes so I assumed it was because I was on a Pension and thought nothing of it. Mistake! I received a Penalty Notice for £100 telling me that I had falsely tcked the Income Support box. I have NEVER claimed Income Support and am not stupid so if I wanted to cheat I would have ticked the Pension Credit box. However I did not tick anything - and certainly no way would I have used that option as I am on a Pension!! They refuse to accept that there must have been a mistake somewhere. The only explanation I can think of is that someone in the office covering their backs ticked that box but of course who knows. All I know is that it was not me! I have refused to pay and said take me to court hoping a judge will see sense. I refuse to pay for a penalty for something I did not do! Besides £100 is a lot of money for someone on a State Pension and who has done no wong!

And no I have never cheated and why would I start now when the charge is only going to be about £35. And besides a friend of mine used to work in that office and told me about the new checks. He left cos it was so depressing!

I looked again at the form that I had to fill in and there is no way I would have accidentally ticked the IS box.
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  • You need to explain FULLY to the people who issued the notice tell them you are fully prepared to pay the £35 rather than say take me to court.
  • [Deleted User]
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    Yes I did that first politely setting out what actually happened. 2nd email from them refused to consider my explanation so I said see you in court - which I will do as I have not done anything wrong. I would rather have a judge decide. Of course I said I was happy to pay the dental charges.
  • TELLIT01
    TELLIT01 Posts: 16,489 Forumite
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    Yes £100 is a lot of money for somebody on a pension, but the likely end result of taking this to court is a much higher figure. I don't doubt that you are correct in saying you didn't tick anything, but proving that is going to be damn nigh impossible.
    The most likely culprit is somebody in the dentist practice who did so because you did have exemption in the past.
  • Nick_C
    Nick_C Posts: 7,459 Forumite
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    edited 30 November 2017 at 9:11AM
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    TELLIT01 wrote: »
    Yes £100 is a lot of money for somebody on a pension, but the likely end result of taking this to court is a much higher figure. I don't doubt that you are correct in saying you didn't tick anything, but proving that is going to be damn nigh impossible.
    The most likely culprit is somebody in the dentist practice who did so because you did have exemption in the past.

    I doubt that you will be prosecuted for this.

    If you are, it is for the prosecution to prove, beyond all reasonable doubt, that you are guilty.

    I would suggest that you send a cheque for £35 to the office that issued the penalty notice, with a covering letter saying you are not accepting the penalty but are offering the amount that you should have paid if their contractor had not wrongly advised you.

    Good luck. Let us know how it goes.
  • TELLIT01
    TELLIT01 Posts: 16,489 Forumite
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    Nick_C wrote: »

    I would suggest that you send a cheque for £35 to the office that issued the penalty notice, with a covering letter saying you are not accepting the penalty but are offering the amount that you should have paid if their contractor had not wrongly advised you.

    But that isn't the situation. The OP is saying they didn't tick the box, not that they were advised wrongly and ticked the box. If somebody at the dentist surgery ticked it without the OP knowledge it is potentially a fraudulent act on the part of the surgery. The OP might have already paid for treatment and the surgery is attempting to obtain another payment from government.
    I'm not saying that is the case, but it is a possible scenario.
  • Nick_C
    Nick_C Posts: 7,459 Forumite
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    TELLIT01 wrote: »
    But that isn't the situation.

    The OP said they were informed by the Dental Surgery that there was nothing to pay. So they are wrongly advised.

    No one on here is suggesting that the OP ticked a box incorrectly.

    It might be fraud by the surgery. It is more likely that someone working there noticed that an exemption form had not been fully completed so tried to correct it.
  • bspm
    bspm Posts: 541 Forumite
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    Have you contacted the Dental Surgery about this? That would have been my first priority if I had not ticked a box, after all, someone has ticked it.
  • [Deleted User]
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    Contacted the surgery today - manager not in till this afternoon.
    It is more likely that someone working there noticed that an exemption form had not been fully completed so tried to correct it.
    That's what I think. It is difficult to get the tick box people to listen to reason and logic. Why would I tick Income Support when all this time I have been on Pension Credit Guarantee. If I wanted to cheat I would have continued with the one I might still very well be entitled to but definitely not IS!! Because of my age that would of course have raised alarm bells because you can get Pension Credit not IS at 60, especially as I was a carer at the time too.
    This is one of those exceptions that they can't cope with. Most people are saying oh sorry I thought I was still entitled to JSA or whatever. They are not saying what I am saying - no I did not tick ANY box.
  • [Deleted User]
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    Arrogant b***. My appeal was already rejected with the same mindless logic. However I was right and they were wrong so a 2 fingers complaint is on its way.

    What happened was that my dentist assumed I was still on a benefit and gave me the usual but wrong form which I signed and I suppose they selected even the wrong option on the drop down list on their software. Easily done. they are now writing to the NHS office concerned. I don't blame my dentist at all. People can make mistakes but not in the Bureaucrats world. Ignorant arrogant people working there. All's well that ends well.
    A more vulnerable older person would be under extreme stress because of their intransigent attitude. Not right.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    edited 9 April at 2:05PM
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    [quote=[Deleted User];73489693]Arrogant b***. My appeal was already rejected with the same mindless logic. However I was right and they were wrong so a 2 fingers complaint is on its way.

    What happened was that my dentist assumed I was still on a benefit and gave me the usual but wrong form which I signed and I suppose they selected even the wrong option on the drop down list on their software. Easily done. they are now writing to the NHS office concerned. I don't blame my dentist at all. People can make mistakes but not in the Bureaucrats world. Ignorant arrogant people working there. All's well that ends well.
    A more vulnerable older person would be under extreme stress because of their intransigent attitude. Not right.[/QUOTE]
    So it's the 'bureacrats' fault your dentist made a mistake?..... baffled you will be!
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