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    • Thank-you dx, What you have written is certainly helpful to my understanding. The only thing I would say, what I found to be most worrying and led me to start this discussion is, I believe the judge did not merely admonish the defendant in the case in question, but used that point to dismiss the case in the claimants favour. To me, and I don't have your experience or knowledge, that is somewhat troubling. Again, the caveat being that we don't know exactly what went on but I think we can infer the reason for the judgement. Thank-you for your feedback. EDIT: I guess that the case I refer to is only one case and it may never happen again and the strategy not to appeal is still the best strategy even in this event, but I really did find the outcome of that case, not only extremely annoying but also worrying. Let's hope other judges are not quite so narrow minded and don't get fixated on one particular issue as FTMDave alluded to.
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    • the claimant in their WS can refer to whatever previous CC judgements they like, as we do in our WS's, but CC judgements do not set a legal precedence. however, they do often refer to judgements like Bevis, those cases do created a precedence as they were court of appeal rulings. as for if the defendant, prior to the raising of a claim, dobbed themselves in as the driver in writing during any appeal to the PPC, i don't think we've seen one case whereby the claimant referred to such in their WS.. ?? but they certainly typically include said appeal letters in their exhibits. i certainly dont think it's a good idea to 'remind' them of such at the defence stage, even if the defendant did admit such in a written appeal. i would further go as far to say, that could be even more damaging to the whole case than a judge admonishing a defendant for not appealing to the PPC in the 1st place. it sort of blows the defendant out the water before the judge reads anything else. dx  
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NHS Penalty Charge Notice (PCN)


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A bit of a running battle with these jokers, May they said I wasn't entitled to free scripts following one of their 'checks'.

 

It seems that as I was on contribution based ESA as opposed to ''INCOME'' based, this negated 'free' scripts.

 

Even the pharmacist informed me I was entitled to free scripts, however my disability advisor has confirmed that I am not.

 

I called the NHSBSA weeks ago to inform them it was a genuine mistake, and I would gladly pay the cost of the script, obviously they said otherwise, and that I had to pay the penalty charge.

 

I went online and paid the script fee of £8.60, received their threat letter yesterday and was a bit taken aback by their claim that they would treat treat my non payment as a ''deliberate decision to avoid paying charges I owe to the NHS, and they may start debt recovery proceedings through the county court. This means that my name will be recorded in the registry of county court judgements....blah blah blah.''

 

I've not called them yet, to inform them of the dates I will be available to attend court, and to laugh at their bully boy threat letter.

 

For the avoidance of doubt, I will not be paying their penalty charge, and yes, I will go to court if needed.

NHS THREAT.jpg.pdf

NHS THREAT.jpg.pdf

Edited by dx100uk
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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Apologies for the double post HB, puter was having an off day!!

 

 

Does anyone have any experience of the NHSBSA and their Penalty Charges?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

In order to keep this thread updated, I called the NHSBSA regarding this "penalty charge" and informed them I wouldn't be paying it, I would however gladly pay for the script they said I wasn't entitled to gratis.

 

 

 

The chap was clueless bless him simply regurgitating the script that I have to pay the penalty fee too.

 

 

Went onto their website entered the ref number and paid for the script minus their profit pocket penalty fees.

 

 

Heard nothing since, less for a letter claiming the penalty fee had increased blah blah blah.....

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I've had loads from these clowns and have never paid a penny... I was one of the people who were placed in the wrong ESA group for over 4yrs... I had them send me something like 3 or 4 of these last year, each one for a different script and each one for 2 or 3 items and each one with a separate penalty charge, they were informed that the DWP were looking into the incorrect claim and I wouldn't be responding to anything until that had been resolved... they were asking for something like £300 in total.

 

Like you I offered to pay for 2 items on a scripts just to get them to shut the hell up. So it was resolved on Dec 21st last year and they were informed of this and that it had been backdated 3yrs, but the claim was valid from a further 15 months. They ignored it, they ignored further letters and proof of my claim... and continued to send threats and claim charges were being added on top.

 

In the end the community law service who helped with my claims had to write to them and tell them to stop harassing me and to sort their crap out. I'd also written to them asking them to repay the money they had received under duress and harassment from me. They eventually wrote back telling me I was right and I didn't owe anything... But they still have never sent me my money back... perhaps I should start sending them threatening letters demanding it be paid and adding a penalty charge for non payment.

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