Prescription penalty charge notice

[Penaltycharge]

Sorry if this is long.

Recently I was in a car accident and following that unable to drive / walk with ease for a short period due to injuries sustained. I take regular medication and this ran out during the period I was immobilised for. I phoned my doctors and explained the situation who were happy for a third party to collect my prescription for me.

A neighbour kindly agreed to collect it for me. I gave her £20, told her that I pay for my prescriptions (2 items) and she went to collect it. She returned with my medication and thought it was all sorted.

Today (3 months later) I receive a prescription penalty charge notice for the prescription that my neighbour collected. It seems she didn’t pay for it and now I am being fined. I contacted the neighbour first of all who is absolutely adamant that she paid for the prescription as I said, although she no longer has a receipt as it has been 3 months.

I then contacted the phone number on the letter to state that I did not collect the prescription and explained why, explained that I asked my neighbour to collect and pay for the prescription and gave her the money to do so and that as far I was aware until today this had been paid for. I was told this does not matter and it is my responsibility to make sure it is paid for.

AIBU I’m thinking this

a) punishes people for deception that was not their own. If my neighbour has indeed pocketed my money then I am basically being fined for being the victim of theft and deception.

b) directly discriminates against those who cannot collect their own prescriptions, the physically disabled etc.

c) cannot be legal! If someone stole my car I wouldn’t be liable for the parking or speeding tickets so why am I liable for this fine when I had no knowledge of my neighbours assumed theft from me.

Has anyone had any chance in appealing this. They are telling me there is no right to appeal unless I believe I should not have paid it (which is not the case as I do pay for prescriptions and thought I had paid for this one) and if I don’t pay it in 14 days it doubles.

There is not any other aspect of English law that makes you responsible for another adults actions.

This is your 'action', you were using neighbour as your agent. They were acting on your behalf. If they committed fraud then they did so whilst acting for you, under your instruction. It is your responsibility to fill in the prescription and sign it, you could have used a cheque. Deliberately or not you have defrauded the state.

You are not responsible for other adults actions, but you are responsible for your own actions.

Reminds me of when we got the fine for not paying for prescription around 2 years ago which was saying that the yearly prepayment card expired before we picked the medication and we didn't pay.
We didn't pick any medication at all and we were actually abroad for 3 weeks at that time
Until now I do not know how that happened but we went to the pharmacy and they said they would sort it out. They clearly did sort it out as we didn't pay the fine and didn't hear about it again.
I actually believe that if pharmacists actually checked prepayment / free prescription cards or made you pay if you don't have any things like fines wouldn't be happening.

You need to google (sorry can’t link) the exceptions to paying the penalty charge. There is another defence “ exceptional circumstances” and why you should not have to pay. Your exceptional circumstances and why you should not have to pay might well comprise what you have told us. Particularity if your neighbour will back you up. Look that up. Don’t give us just yet.

We can't win though. The pharmacy I work in at the moment asks for proof every time and we get bitched and moaned at constantly for it. People can get really aggressive about it!

Pre-payment cards and medical exemption cards we can enter on our system (certificate number and expiry date) so we don't need to see them every time, but we always ask where we don't have the details and put a cross in the 'evidence not seen' box if people don't have something with them.

There's probably two or three a week where people just tick the wrong box. The most common being ticking maternity exemption instead of medical because they're next to each other. We pick up on it because we ask...

How can I be legally responsible for the actions of another adult?

She was acting as your agent in this matter. The driving your car analogy is not on point.

You asked her to carry out an act for your benefit and on your instructions. In law you appointed her as your agent If she gets it wrong that is between you and her , not the third party who relied on your agent's acts.

DS received a penalty notice for dentist same thing as the box had been ticked for exemption (not by him)
Luckily we had been to dentist together and I had paid on my card and had proof

It’s just so wrong that I am being penalised for this, I did not do anything wrong and am being fined for it! I couldn’t have filed the prescription in beforehand as she also collected it from the GP. It’s a controlled drug so you have to collect a physical prescription and it can’t be emailed over.

I can’t remember if she gave me change. I was taking so many medications at that point I barely knew what day it was.

If someone is legally responsible for someone else’s actions if they are acting on their behalf it leaves some vulnerable people in very scary situations, those with mental disabilities, those in abusive relationships etc.

Very poorly thought out system. Neighbour is still adamant she paid, she says she picked up hers at the same time and she pays for hers so knows 10000% she wouldn’t have paid for one and not the other.

The box ticked is income support, I have never claimed income support in my life. Neighbour knows I have worked since I moved into this house so would have no reason to think I would be claiming anything.

She says all she ticked was patients representive and then she signed the box. Nothing else ticked.

But as I can’t prove she paid and I can’t prove I told her to pay I’m assumed to be guilty? Thought it was supposed the other way round?

I have no idea how I’m going to afford this. 2 months on statutory sick pay has taken its toll and right now I’m prioritising paying my mortgage and council tax arrears for obvious reasons.

And pursuing the neighbour for the costs isn’t going to work, again I can’t prove she hasn’t paid and I can’t prove I gave her the cash to pay.

Guess I should never dare be vulnerable, in need of help and trusting of someone willing to help. I wasn’t capable of thinking rationally enough at that time to be able to ask for a receipt etc. or to ask for a prescription to be delivered. I was taking tramadol, morphine, codeine, zopliclone etc. and simply took the GPS advice to send someone else.

If someone is legally responsible for someone else’s actions if they are acting on their behalf it leaves some vulnerable people in very scary situations, those with mental disabilities, those in abusive relationships etc

If you give instructions to someone to carry out an act on your behalf you are responsible for how they implement your instructions.

She says all she ticked was patients representive and then she signed the box. Nothing else ticked

Can you ask for a copy of the prescription?

I would call them or email, be very polite, explain and see if they will waive the fine. Offer to pay for the prescription fees, of course.

I agree that it's not right that you should be fined. It should be the person that picked up the prescription's responsibility. And their fine if they do it incorrectly. Definitely one to contact your MP about. I would mention the discrimination angle.

It says on the NHS website that it's your responsibility to make sure the person who ticks the box etc dies so correctly. How can you possibly do that if you are not there! It is also disgusting that there is no right of appealing the fine. Seems a very unfair way of operating.

NHS version of speeding fines!

Agree that I would ask for proof ie a copy of the prescription.

The website says you can appeal for the following reason:

you think you have an exceptional reason not to pay, and can show that you did not act wrongfully or with any lack of care

I would try to appeal on that basis. You can do it online.

It says on the NHS website that it's your responsibility to make sure the person who ticks the box etc dies so correctly. How can you possibly do that if you are not there!

It is up to you to pick someone you can trust 100% to get it right or someone such as a paid personal assistant or paid carer with whom you can resolve the matter via your arrangements with them.

NHS version of speeding fines!

No it isn't. That is a false analogy.

I would quote your state if mind in the appeal due to condition and meds so could not check what your neighbour had done/ request receipt etc.

@MargueritaPink
You can't trust anyone 100%. People make mistakes. That's a ridiculous comment. Still not your error. And to be honest I don't think people should be fined for making genuine mistakes either.

What I meant by the comparison with speeding fines is that they are used like an additional tax on the motorist. And this seems to be an additional money maker for the NHS. Of which the poor and disabled are likely to be particularly affected.

back of prescription picture here

It’s such a long time since I got a prescription (lucky me) that I didn’t realise they had a box to fill in to say “I have paid £x”. How very odd then if your neighbour said that she also paid for her own prescription at the same time as she’d have had to fill in that box on her own one.

This is very stupid of me, but, can you really get free prescriptions if you’re on universal credit?!

I’m seriously ill and disabled, and had to stop working over a year ago,,so me & DS are pretty screwed financially. I pay for the annual prepayment cards as I’m on a minimum of 19 different meds a day... so this is seriously huge news for me. Why did I not know this?!

But... would I have to tell the pharmacy that I’m too poor / on benefits on each prescription? Because I have carers to go to the pharmacy and it will be utterly humiliating for me to have to tell them all .... I have had people making really cruel comments and I’m not sure if I could bear it, exposing myself in that way each time.

May have been the pharmacist trying to get paid for an already paid for script?

I have a PPC and was sent a flurry of fine letters a few months back. When I queried it it turned out that they had my name backwards in their system all of a sudden due to incorrect data on their part. It was very obvious that it was their error e.g. my name on prescriptions would be Papillon45, but on their system it was 45Papaillon. They had incorrectly input my surname as my first name and vice versa. I also have a very common surname which made the whole thing more ludicrous. They argued the toss with me and wanted me to pay them over £600 in fines or said they would take me to court. I had to escalate it to get it sorted and even then they just cancelled the fines and I didn’t get an apology or anything.

They told me the mistake had been made when I asked them to reset up my PPC after my maternity exemption expired. I just gave them my last certificate number and they set it back up over the phone. The PPC people are normally lovely when you need to speak to them, but the people who deal with fines are akin to debt collectors and were awful

Me and my sister have the same condition but i was put on contribution based ESA instead of income related like i should have been. I got one of these fines and had to pay it, when my dad collected my prescription for me and ticked ESA box like he does on my sisters by mistake as he was so used ot picking up hers.
Now sorted and im on income related, but fine still stood as did the years of prescriptions i paid for (7 years!) that should have been free.

My mum has a terminal lung condition and is in receipt of full ESA and highest rate PIP.

We got a fine letter a few months ago and after a phone call to them explaining it may take a couple of weeks to get the letter of entitlement through the post from DWP.

We got the second fine/threat letter through & we had to email asking them to stop harassing a terminally ill woman through out MP as we had kept them informed.

Then I sent the proof recorded delivery clearly stating she is in full receipt, there is a mention of contributions on the letter from when she was a carer. Apparently the letter is not acceptable proof, it's been really stressful for my mum as there really is no other way to turn once you are accused and yes I also asked for proof of the debt, to be told it was up to mum to prove she didn't owe it. I'm a full time carer and really don't have the mental energy to keep going round in circles.

I also showed the proof of entitlement letter and asked for advice at the chemist they were as baffled as us.

MargueritaPink
You can't trust anyone 100%. People make mistakes. That's a ridiculous comment. Still not your error. And to be honest I don't think people should be fined for making genuine mistakes either.

It is not a ridiculous comment. It is a statement of fact. If you choose to appoint an agent to act for you (and this is the situation here) you are deemed to be trusting that person. If they mess it up that is for the principal and agent to sort out- not the 3rd party (the chemist/ NHS) to sort out.

Your comment about speeding fines makes no sense. Speeding fines are not a tax- they are a fine for breaking the law. A fine for driving at a speed above the permitted safe level.

This is a penalty imposed for falsely avoiding paying the prescription charge.

It’s such a long time since I got a prescription (lucky me) that I didn’t realise they had a box to fill in to say “I have paid £x”

Me too. I've only had private prescriptions and can't remember when I last had an NHS one. However that list in part 1 makes quite clear if the prescription is free then 1 of a very specific list needs to be ticked.

I don't really see how it is possible to tick a part 1 exemption by accident (other than perhaps annual prescription prepayment has expired) If it was paid for the amount would be inserted in part 2.