Asset Support Contract
Dear Highways England Company Limited,
In 2016 you replied to my FoI 738640 the ASC is not prescriptive as to the methodology to be adopted by the service provider.
I am told the ASC is prescriptive. Please explain how the contract is not prescriptive as to the methodology to be adopted by the service provider.
You replied the number 1153 relates to the assumed amount of third party claims as stated in the Area 3 tender documents. I am told 1153 was applied to all contracts. How did 1153 accorded with the contract and how was the process was uncovered.
You replied the new process, as agreed with the insurance industry. With who in the insurance industry. I am asking or all information and what information you have about this.
You replied the release of all labour, plant and equipment rates, is considered commercially sensitive and inappropriate, particularly given that these rates are detailed individually with each claim form submitted to the insurance company. I am told this is not commercially sensitive and you say the rates are detailed on claims so why would it be. I am asking for the rates.
Yours faithfully,
Richard Jones
This is an automated response:
Thank you for your email to Highways England.
If you’re reporting a real time issue which requires immediate attention
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Dear Mr Jones
Thank you for your FOI request below.
Please find attached our response.
I hope this is useful.
Regards
Rizwana Khan
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702482
Web: http://www.highways.gov.uk
GTN: 0300 470 2482
Gadawodd Mr P Swift anodiad ()
More info' here that appears to address your inquiry:
http://www.englandhighways.co.uk/1153-mi...
Dear Highways England Company Limited,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Asset Support Contract'.
I've been sent a link and copy of a letter from your CEO that says the investigation is complete. There's a post on this thread referring to your CEO. Is the investigation complete or not. Who's telling me the truth?
What'd you mean you don't hold the information when there's been an investigation by you. You've either got information or you haven't. How can you do an investigation and not have info', if you have info' cause the investigation's going on then you do hold it so why say you don't.
Why was nothing held in 2017?
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...
Yours faithfully,
Richard Jones
This is an automated response:
Thank you for your email to Highways England.
If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.
A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council
If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.
If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]
Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ
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2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
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6. mailto:[Highways England request email]
Gadawodd Mr P Swift anodiad ()
Sorry you also need to see this link – the one sent was intended mainly for another loss adjuster with an interest and relates to the investigation you asked about - also Area 9. The one you need is for the defined costs or DCP rates: http://www.englandhighways.co.uk/defined...
The one I sent was intended to demonstrates a contradiction but there are more ...
If you look at the reply you received 23/05/2018 there is a public interest test (PIT) supporting the withholding of information. This ‘PIT’ was undertaken by:
Patrick Carney, Matthew Charlesworth and Riz Khan
Mr Carney is upholding the ‘commercial interests’ exemption.
You have clearly sought information about rates, the charges to Third Parties following Damage to Crown property (DCP).
It appears it s the same Mr Carney who, in 11/2018 gave evidence in person at a Tribunal and stated to the Judge that DCP rates were NOT commercially sensitive i.e. to you they are, to a Judge they are not … a U-Turn in 5 months.
My interest is not simply that there is a contradiction but that clearly the rates, a schedule of ‘defined costs’ exists. A further inconsistency rising from this is that for 5 years Highways England claim to have received 170+ FoIA requests and reviews about rates. It seems they did not one say ‘they do not exist’ yet, just weeks after Mr Carney say ‘not commercially sensitive’, Highways England no longer cite ‘commercially sensitive’ or that requests are ‘vexatious’. Instead they say ‘they do not exist’!
Makes you wonder what they’ve been discussing for 5 years!
i hope it all makes sense. You may be out of time for an internal review, may be best just to send to the ICO, or resubmit the request.
Dear Highways England Company Limited,
the information commissioner office says I should start again cause of the time and I've done it on this cite
https://www.whatdotheyknow.com/request/r...
Yours faithfully,
Richard Jones
This is an automated response:
Thank you for your email to Highways England.
If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000.
A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority. You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council
If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.
If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...
Please be advised that emails may be monitored for training and quality
assurance purposes.
To help us improve our service please click [4]here to complete a short
survey.
Kind regards
Highways England Customer Contact Centre.
This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.
Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]
Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ
Consider the environment. Please don't print this e-mail unless you really
need to.
References
Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]
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Gadawodd Mr P Swift anodiad ()
re: 4. You replied the release of all labour, plant and equipment rates, is considered commercially sensitive and inappropriate, particularly given that these rates are detailed individually with each claim form submitted to the insurance company. I am told this is not commercially sensitive and you say the rates are detailed on claims so why would it be. I am asking for the rates.
Rates are not commercially sensitive. Tribunal Decision EA/2018/0104 ICO 02/04/2018.
you need to ask for the DCP Rates.
see:
http://www.englandhighways.co.uk/area-10...
I sought ‘DCP Rates’[1]
HE described these as ‘commercially sensitive’
I appealed
HE upheld their decision
I appealed to the ICO
The ICO supported HE
I presented the matter to a tribunal
Highways England gave evidence that ‘DCP Rates’ are:
Different to bid rates, pre-planned works fees and / or target prices.
NOT commercially sensitive
The Tribunal found:
‘bid rates, pre-planned works fees and / or target prices’ were commercially sensitive.
DCP Rates are not commercially sensitive