Response from Highways England: Contractors bills (Ref: 18326859

Gwrthodwyd y cais gan National Highways Limited.

Matthieu A Bernard

Dear Highways England Company Limited,

Mrs Davies

the contractor says that you are aware they have a dual pricing process. they charge you a lower rate than others. they have agreed a base rate and the difference is that they charge you one extra amount on top and others a different amount. they say you are aware of this and this can cause the cost to go over £10000. they will not tell me the uplift to you or others. they will not tell me the base rate. what are these rates and extras? how can i tell if charges are right if you all keep the process secret? the contractor say a Court will decide. why?

Your email does not deal with what I asked.
what are these rates and extras?
how can i tell if charges are right if you all keep the process secret

Yours faithfully,

Matthieu A Bernard

Added Ops Dst. Press backspace to remove.

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Response from Highways England: Contractors bills (Ref: 18326859)
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Ops Dst

16 Mar

to me

Dear Mr Bernard

Thank you for your emails of 20 and 28 February 2017 concerning contractors bills and for forwarding the 21 February email from Claims Management & Adjusting Ltd.

The reference in the 21 February email from Claims Management & Adjusting Ltd, the 20.58% relates to sub-threshold claims. These are pursued by the Service Provider directly against the Third Parties and not through Highways England’s Green Claims team. This percentage relates to a Third Party Overhead fee. The sub-threshold claims include an additional third party claims overhead because the Service Provider is pursuing the case the whole way through (rather than the claim being pursued against the insurer by Highways England) and therefore incurring additional costs.

Under recent Asset Support Contracts (ASC) this has been stated by the tenderer under Contract Data Part 2. This is contains commercially sensitive data and cannot, therefore, be released.

Under our ASC 3 contract, the Third Party Overhead fee is not specified and the figure stated appears consistent with what has been claimed previously.

I hope that the above information is useful to you.

Kind regards

Mrs D Davies, Operations Directorate Services Team Manager
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: http://www.highways.gov.uk

From: Ops Dst
Sent: 02 March 2017 15:38
To: 'Matthieu Bernard'
Cc: Ops Dst
Subject: Response from Highways England: Contractors bills (Ref: 18326859)

Dear Mr Bernard

Thank you for your emails of 20 and 28 February 2017 concerning contractors bills.

I can confirm that your enquiry was forwarded to the relevant department on 21 February and they are currently looking into the issues that you have highlighted in your email. As a maximum, it takes up to 15 working days for a response.

Kind regards

Mrs D Davies, Operations Directorate Services Team Manager
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: http://www.highways.gov.uk

From: Matthieu Bernard
Sent: 28 February 2017 19:43
To: Ops Dst; [email address]
Subject: Re: Response from Highways England: Contractors bills (Ref: 18326859)

I am waiting for your reply.

yours
Matthieu Bernard

20 Feb (8 days ago)

to info, Ops

Image removed by sender.

Mrs Davies

the contractor says that you are aware they have a dual pricing process. they charge you a lower rate than others. they have agreed a base rate and the difference is that they charge you one extra amount on top and others a different amount. they say you are aware of this and this can cause the cost to go over £10000. they will not tell me the uplift to you or others. they will not tell me the base rate. what are these rates and extras? how can i tell if charges are right if you all keep the process secret? the contractor say a Court will decide. why? Matthieu.A.Bernard
England Highways <[email address]>

21 Feb (7 days ago)

to me, Ops

Image removed by sender.

Sir

Please feel free to write to me in isolation. It may help if I disclose to you some basics and if necessary, post specifics online as the issues are receiving substantial attention. It also may ensure that Highways england provide a full disclosure:

An HE contractor states they charge the same base rate to HE and others but a different uplift:

7.38% to HE
20.58% to others

However:

This does not accord with information in my possession
Is at odds with what HE has disclosed to me – they claim to pay the same on some aspects

Accordingly, it is questionable what faith can be placed in data emanating from HE who appear to have lost control and have no understanding of charges.

If the only difference was that between 7.38% and 20.58% there is an argument this would be reasonable.

You also need to consider whether the contract imposes limits on what can be charged and whether the contractor is complying with this.

The above likely raises more questions than it answers. But you make a very good point:

how can i tell if charges are right if you all keep the process secret?

The answer is ‘you cannot’ and sadly, it appears HE’s approach is ‘sort it out in Court’.

You may wish to search https://www.whatdotheyknow.com/ for further information or possibly place your request in the public domain. There are people monitoring the requests

Yours,

EnglandHighways.co.uk

A trading style of

Claims Management & Adjusting Ltd

Malling House, Town Hill, West Malling, Kent, ME19 6QL

Tel 0845 3 8888 10 Fax 0845 3 8888 01 Web www.cmaclaims.co.uk

Registered in England & Wales, registered office as above. Registration # 02955406

Note: calls to or from CMA may be recorded and or monitored, pursuant to LBP Regulations 2000, to establish the existence of facts and / or to prevent and / or detect crime.

On 20 February 2017 at 20:57, Matthieu Bernard wrote:

Mrs Davies

the contractor says that you are aware they have a dual pricing process. they charge you a lower rate than others. they have agreed a base rate and the difference is that they charge you one extra amount on top and others a different amount. they say you are aware of this and this can cause the cost to go over £10000. they will not tell me the uplift to you or others. they will not tell me the base rate. what are these rates and extras? how can i tell if charges are right if you all keep the process secret? the contractor say a Court will decide. why? Matthieu.A.Bernard

On 3 February 2017 at 18:47, Ops Dst <[email address]> wrote:

Dear Mr Bernard

Thank you for your email of 16 January 2017 to our customer contact centre.

Please find attached a response to your query.

Kind regards

Mrs D Davies, Operations Directorate Services Team Manager
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: http://www.highways.gov.uk

From: Matthieu Bernard
Sent: 16 January 2017 09:09
To: [email address]; Ops Dst
Subject: Fwd: Response from Highways England: Abortive charges (Ref: FOI 740,000_2) & Claims for damage against persons unknown (bulk return) (Ref: HAIL 18241168)

i am asking you explain why contractors send bills for more than £10000 when this is the limit.

Matthieu.A.Bernard

---------- Forwarded message ----------
From: England Highways <[email address]>
Date: 15 January 2017 at 22:38
Subject: RE: Response from Highways England: Abortive charges (Ref: FOI 740,000_2) & Claims for damage against persons unknown (bulk return) (Ref: HAIL 18241168)
To: Matthieu Bernard

Dear Sir

Thank you for your email and the attachment. Unusually, I can find no reference to this in the public domain - at least not the latest attachment 'FOI 740,000_2' - i shall attend to this removing your email address.

Your request needs to be directed to [email address] / [email address]

The reasons could be:

The contractor failed to submit the claim within 28 days – though this appears to be a flexible rule
The contractor uses ‘Highways england rates’ to calculate the claim value and the total is below £10,000. The contractor retains the claim and re-calculates using ‘driver / fleet / insurers rates’ (a higher set of rates) and the claim total is now over £10,000 – see http://www.englandhighways.co.uk/dual-ch...

Yours,

EnglandHighways.co.uk

A trading style of

Claims Management & Adjusting Ltd
Malling House, Town Hill, West Malling, Kent, ME19 6QL
Tel 0845 3 8888 10 Fax 0845 3 8888 01 Web www.cmaclaims.co.uk

Registered in England & Wales, registered office as above. Registration # 02955406

Note: calls to or from CMA may be recorded and or monitored, pursuant to LBP Regulations 2000, to establish the existence of facts and / or to prevent and / or detect crime.

From: Matthieu Bernard
Sent: 15 January 2017 18:37
To: [email address]
Subject: Fwd: Response from Highways England: Abortive charges (Ref: FOI 740,000_2) & Claims for damage against persons unknown (bulk return) (Ref: HAIL 18241168)

i am asking you explain why contractors send bills for more than £10000 when this is the limit.

Matthieu.A.Bernard

Dear Mr Bernard

Thank you for your two emails of 14 September, concerning abortive charges (ref FOI 740,000) & Claims for damage against persons unknown (bulk return) query (Ref HAIL 18241168).

Please find attached a response to your enquiries.

Kind regards

Mrs D Davies, OT Directorate Services Team Manager
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Tel: +44 (0) 300 4702937
Web: http://www.highways.gov.uk
GTN: 0300 470 2937

From: Matthieu Bernard
Sent: 14 September 2016 07:34
To: Ops Dst
Subject: Re: Response from Highways England: Freedom of Information - Abortive Charges (Ref: 740,000)

Thank you

but you have not given me how much was paid.

why are you saying the exemption applies

what can you give me.

for each area did you pay anything. why could you not tell me this

what figures can you give me. how many claims did it apply to, what was the approximate total, what was the average figure.

I am expecting openness. I think you could give the average sum per claim where charged. you should do this sum to see how contractors compare. I think it should be available to the public so we can see you get good value.

thank you

On 12 August 2016 at 12:18, Ops Dst <[email address]> wrote:

Dear Mr Bernard

Thank you for your request for information about abortive charges, dated 05 July 2016 and for your clarification of 14 July. I have dealt with your request under the terms of the Freedom of Information Act 2000.

Please find attached a response to your request. I apologise for the slight delay in sending you this response, this was due to a major IT outage yesterday.

Regards

Mrs D Davies, OT Directorate Services Team Manager
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: http://www.highways.gov.uk

From: Matthieu Bernard
Sent: 05 July 2016 16:37
To: Highways England
Subject: Freedom of Information

I am asking for information for each England road area,

Tthe amounts your contractors charged Highways England for ABORTIVE CHARGES in 2013, 2014 and 2015.

The description of abortive charges agreed with the contractors.

When abortive charges are applied and payable by Highways England and when they are not.

How they are calculated

Matthieu.A.Bernard

Highways England,

This is an automated response:

 

Thank you for your email to Highways England.

 

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6. mailto:[Highways England request email]

Gadawodd Mr P Swift anodiad ()

possibly of interest, I have highlighted the comment re 'commercially sensitive':

From: NDD C DST
Date: 21/07/2014 12:45 (GMT+00:00)
To: Philip Swift
Subject: RE: CRS 708.005

Dear Philip,
Further to your email below, you raise two points.

First, in reference to an FOIA request of the Highways Agency when the data is held by the contractor, the answer is yes, we will seek and provide that information subject to any exemptions.

Regarding your second point on directing you to the part of the contract that deals with FOIA, I refer you to my original response where I gave you the relevant links and excerpt (N.B. my apologies for a typographical error in the previous correspondence; it is condition 13.13 and not 13.3). For convenience, here is the relevant information again:

Please visit our Publication pages on our website, where you will see a PDF document entitled ASC Model Conditions of Contract (326KB PDF).

Within the document there is condition 13.13 that states:

“The Provider acknowledges that the Employer may receive Disclosure Requests and that the Employer may be obliged (subject to the application of any relevant exemption and, where applicable, the public interest test) to disclose information

• (including commercially sensitive information)

pursuant to a Disclosure Request. Where practicable, the Employer consults with the Provider before doing so in accordance with the relevant Code of Practice. The Provider uses its best endeavours to respond to any such consultation promptly and within any deadline set by the Employer and acknowledges that it is for the Employer to determine whether or not such information should be disclosed.”

Yours sincerely,

senior business coordinator
Highways Agency | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Tel: +44 (0) 121 6788440
Web: http://www.highways.gov.uk
GTN: 6189 8440

Thank you for your email.

I am satisfied that the responses sent by Mrs Davies dealt with the queries raised and so there is nothing to add at this time. Mrs Davies clearly set out next actions available to you, in the event you were not content with her response.

Andy Farquhar
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Tel: +44 (0) 300 4705188
Web: http://www.highways.gov.uk
GTN: 0300 470 5188

dangos adrannau a ddyfynnir

Gadawodd Mr P Swift anodiad ()

you asked:
the contractor says that you are aware they have a dual pricing process. they charge you a lower rate than others. they have agreed a base rate and the difference is that they charge you one extra amount on top and others a different amount. they say you are aware of this and this can cause the cost to go over £10000. they will not tell me the uplift to you or others. they will not tell me the base rate. what are these rates and extras? how can i tell if charges are right if you all keep the process secret? the contractor say a Court will decide. why?

Your email does not deal with what I asked.
what are these rates and extras?
how can i tell if charges are right if you all keep the process secret.

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