After some correspondence with them, I have had my fine (and a late surcharge) eased, though I still have to pay the prescription charge of about £16.00.
I did some research on how they handled my request for an appeal and their insistence that they had no authority to exercise discretion in removing the penalty charge. I believe that their conduct is not compliant with Article Six of the Human Rights Act, in not allowing an independent appeal. All public authorities are required to abide by this, a great publication here...
http://www.justice.gov.uk/downloads/human-rights/human-rights-handbook-for-public-authorities.pdf
They also have a Freedom of Information Act reply at
https://www.ppa.org.uk/NHSBSA_foiRequest/foiRequestDetail.do?bo_id=4939 that states that they had cases where an Easement applied, which contradicts them saying that they do not have any discretion!
My email to them:
Ref Prescription Charge Notice Ref: <blah>
I write further regarding the above Penalty Charge Notice.
I have found it difficult to deal with this matter, as the charge hit me at a time of significant financial stress that is taking some time to get on top of. The PCN has added to this stress, and I find it difficult to understand how the Health Service Organisation that is there to help me, at the same time adds to my stress and pressure with such a penalty without seemingly allowing me a right of appeal, allowing reasonable mitigation to be presented and independently assessed.
Suffice to say, I now have renewed my Medical Exemption Certificate, no <blah>. I consider it a wrong the way the enforcement is capturing individuals on the technicality that their certificate has expired, or genuine misunderstanding of the rules, when those individuals are in genuine need of help and often less well placed to make or handle the penalty charge. There is a growing momentum of such cases on Internet forums to evidence this. I understand the need to mitigate genuinely fraudulent activity, however I fail to see how penalising those in genuine need and entitlement really achieves anything.
In respect of my own notice, I was unable to make any interim payment within the initial period. I have found it difficult to try and reconcile the manner in which this matter is being handled against the need to make payment, and found myself very anxious in dealing with it. I have therefore received a further surcharge notice with a deadline to pay today.
I wish to ask for the surcharge to be removed. I see little to be achieved by the surcharge process and consider that I have sufficient grounds to request it be removed and for an easement to be applied. You will see that I have now made an initial payment of £1.
In respect of my initial request for appeal, and the assertion that "the NHSBSA does not have any authority to exercise discretion in removing penalty charges", this seems to conflict with a Freedom of Information response on the NHSBSA site, no 4939,
http://www.ppa.org.uk/foidocs/responses/FOI_Request_(4939).txt
This response notes that of 1,933 PCNs, 112 cases had an easement applied removing either the Surcharge, Penalty Charge, or both. Through what mechanism were these easements applied, and how can the NHSBSA state that they are unable to exercise discretion, when this FOI response seems to suggest the opposite?
In addition to this, I do not believe that the NHSBSA is acting in compliance with Section six of the Human Rights Act in seemingly not allowing me the right of independent appeal. I have discussed this matter with legal advice and am attempting to obtain further legal advice on this matter. As an administrative authority of a Public Body, the NHSBSA is required to be compliant with the Human Rights Act. While NHSBSA are bound by the legislation (for PCNs), it also has to operate within all other legislation in force. In not allowing myself, and others, and appeal I do not believe this process is compliant with Section six, and brings into question the entire integrity of the operation by the NHSBSA in enforcing the PCN legislation.
There is a useful handbook for public authorities (and agencies of) in respect of the Human Rights Act at
http://www.justice.gov.uk/downloads/human-rights/human-rights-handbook-for-public-authorities.pdf .
I apologise for the delay in following up on this, I have found it very difficult to deal with matter and the way in which it is being handled. Would you please consider the above and reply further.
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They haven't made any comment on my points, have just eased my fine.
I believe their conduct is on dodgy grounds in respect of appeals and the Human Rights Act.