AONe+ Area 12 24/06/2019 New Schedule of DCP Rates

Waiting for an internal review by Highways England Company Limited of their handling of this request.

Dear Highways England Company Limited,

24/06/2109, Highways England introduced version 1 of their ‘national schedule of repair costs for network damage (Green Claims)’. The date the new schedule is to be applied in Area 12 has yet to be confirmed see: https://highwaysengland.co.uk/thirdparty...
However, effective for all claims ‘invoiced’ 24/06/2019, AOne+ produced revised rates for the Area 12 ASC. A copy can be found here http://www.englandhighways.co.uk/wp-cont...
The Area 12 contract includes Appendix A to Annex 23 a copy of which can be found here http://www.englandhighways.co.uk/wp-cont...
I ask to be provided all information relating to the increases, AOne+’s new schedule. This will include, but not be restricted to: :
1. Your involvement with same – all correspondence to and from AOne+
2. The relationship between your new process and AONe’s increases the same day
3. How the rates and increases:
a. have been arrived at and
b. are considered and agreed as contract complaint
4. Why ‘management resources’:
a. have changed from a defined cost (per person hourly rate) to a fixed fee subject to the ‘incident value’ and:
b. How this is contract complaint
5. How the ‘management resources’ fees, that can see a Third Party charged up to £5,000 (half the threshold value), were calculated and agreed.

Your new schedule of rates sees ‘Management or Supervision or Administration Duties’ charged at £662.25 to a maximum of £1,324.51 for claims up to £20,000; figures apparently the result of rate comparison and averaging. AOne+ are seeking up to 4-times this for sub-£10,000 claims.

Please provide:

6. The agreement for AOne+’s increase to be backdated i.e. applied to incidents pre-24/06/2019
7. Confirmation Highways England are now subject to the same rates or, in the alternative, please provide;
a. the schedule of DCP Rates charged to you
8. The agreement (sign off) of the rates
9. All queries about and amendments to the contract and exchanges about this to include the sign-off
Please confirm:
10. whether Management Resources’ are considered and presented as a ‘defined cost’ or addressed in the ‘Third-party Claims Overhead’ (TPCO) and
11. whether ‘incident value’ is the sum of ‘defined costs’, ‘defined costs plus TPCO’ or another total
12. whether or not the charge for ‘Management Resources’ is inclusive of the TPCO
13. the TPCO percentage uplift in Area 12 for the past 3 years
14. the ‘fee’ uplift percentage to Highway England in Area 12 for the past 3 years
It appears, subject to how ‘Management Resources’ are treated and what is included within ‘incident cost’, this addition will cause incident costs above £6,751 (to which is added £3250) to exceed the £10,000 threshold.
Please explain
15. the application of the process and how the threshold has not effectively been lowered and
16. How the process is contract complaint and
17. The basis upon which this was agreed with Highway England; why a substantial increase in charges is to be paid from the public purse.
18. If ‘Management Resources’ ARE a defined cost, please provide the breakdown of the rates comprising the totals now charged to Third Parties and Highways England.
19. If ‘Management Resources’ are NOT a defined cost, the charge is incorporated in the TPCO. How does the charge not represent a duplication?

Please quote my reference 09/2019A in all responses

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

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6. mailto:[Highways England request email]

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 'AONe+ Area 12 24/06/2019 New Schedule of DCP Rates'.

I have received no information.

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,

Mr P Swift

Highways England, Highways England Company Limited

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.

 

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Harrison, James, Highways England Company Limited

1 Attachment

Mr Swift

 

Please find the response to FOI 100312.

 

TPC HAIL
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Mr P Swift left an annotation ()

FoIA response Our ref: 100,312

7 October 2019

Thank you for your e-mail on 10 May 2019 and our apologies for the delay in responding to you.
Your request has been handled under the terms of the Freedom of Information Act 2000 and our
response is below –

I ask to be provided all information relating to the increases, AOne+’s new schedule.
For avoidance of doubt we understand the question above to relate to how AOne+
calculate costs for third party damage to the strategic road network for below £10,000
damages.

== Under Section 1(1)(a) I confirm that this information is not held by Highways England. ==

This will include, but not be restricted to: :
1.Your involvement with same – all correspondence to and from AOne+
2.The relationship between your new process and AONe’s increases the same day
3.How the rates and increases:
a. have been arrived at and
b. are considered and agreed as contract complaint
4.Why ‘management resources’:
a. have changed from a defined cost (per person hourly rate) to a fixed fee subject to the
‘incident value’ and:
b. How this is contract complaint
5.How the ‘management resources’ fees, that can see a Third Party charged up to £5,000 (half
the threshold value), were calculated and agreed.

== The documents requested relate to internal processes of AOne+. Under Section 1(1)(a) I
confirm that this information is not held by Highways England. ==

Your new schedule of rates sees ‘Management or Supervision or Administration Duties’
charged at £662.25 to a maximum of £1,324.51 for claims up to £20,000; figures apparently the
result of rate comparison and averaging. AOne+ are seeking up to 4-times this for sub-£10,000
claims

Please provide:

6.The agreement for AOne+’s increase to be backdated i.e. applied to incidents pre-24/06/2019
7. Confirmation Highways England are now subject to the same rates or, in the alternative,

== The documents requested relate to internal processes of AOne+. Under Section 1(1)(a) I can confirm that this information is not held by Highways England. ==

please provide; a.the schedule of DCP Rates charged to you

==Under section 14(2) this is considered a repeated request. For the avoidance of doubt we
do not hold a schedule of DCP rates or any schedule of rates used for third party damage
claims. Under Section 1(1)(a) this information is not held by Highways England. As you
are aware there is an upcoming First Tier Tribunal hearing (EA/2019/0119) on 12
November in respect of schedules of rates for third party damage claims.
The rates charged are those contained in the Cost Breakdown Document for each
specific incident. ==

8.The agreement (sign off) of the rates
9.All queries about and amendments to the contract and exchanges about this to include the
sign-off Please confirm:
10.whether Management Resources’ are considered and presented as a ‘defined cost’ or
addressed in the ‘Third-party Claims Overhead’ (TPCO) and
11.whether ‘incident value’ is the sum of ‘defined costs’, ‘defined costs plus TPCO’ or another
total
12.whether or not the charge for ‘Management Resources’ is inclusive of the TPCO
13.the TPCO percentage uplift in Area 12 for the past 3 years
14.the ‘fee’ uplift percentage to Highway England in Area 12 for the past 3 years It appears,
subject to how ‘Management Resources’ are treated and what is included within ‘incident cost’,
this addition will cause incident costs above £6,751 (to which is added £3250) to exceed the
£10,000 threshold.
Please explain
15.the application of the process and how the threshold has not effectively been lowered and
16.How the process is contract complaint and
17.The basis upon which this was agreed with Highway England; why a substantial increase in
charges is to be paid from the public purse.
18.If ‘Management Resources’ ARE a defined cost, please provide the breakdown of the rates
comprising the totals now charged to Third Parties and Highways England.
19.If ‘Management Resources’ are NOT a defined cost, the charge is incorporated in the TPCO.
How does the charge not represent a duplication?

==The documents requested relate to internal processes of AOne+. Under Section 1(1)(a) I confirm that this information is not held by Highways England. ==

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 'AONe+ Area 12 24/06/2019 New Schedule of DCP Rates'.

Monday, 07 October 2019

Dear Sirs

07/09/2019, I made this request for information relating to a schedule of DCP Rates pertaining to AOne+ who are your contractor in Area 12. This contract is subject to Appendix A to Annex 23 which states Third Parties will be charged no more than:

a) DEFINED COSTS (£) + TPCO (%)

Highways England are charged:

b) DEFINED COSTS (£) + FEE (%)

A copy of the relevant Appendix can be found here:

http://www.englandhighways.co.uk/wp-cont...

The common feature to invoicing, whether to HE or a TP (above), is the use of defined costs; the same ‘base rate’ of DCP (damage to Crown property) rate.

07/10/2019, you have provided a response just outside the period permitted by law but I take no issue with this. I thank you for the consideration and explanation. With regard to q1 to Q5, I note the AOne+ correspondence is ‘internal’ and seemingly has no input from Highways England. Accordingly, you do not hold the information.

I had anticipated your information setting out the change to the contract such that AOne+ were permitted, as of 24/06/2019, to charge more to:

• Third Parties and
• Highways England

I am seeking an Internal Review in respect of this.

I understand increases in contractor charges are, in the main, annual and inflationary. However, AOne+, not yet subject to the NSORC https://highwaysengland.co.uk/thirdparty... amendments, the date yet to be confirmed, coincidentally on 24/06/2019 (the date NSORC are to be effective in some Areas, increased many DEFIEND COSTS.

AOne+ have issued a schedule of DCP Rates.

Highways England is aware of this as I produced these in connection with a First Tier Tribunal hearing ( EA/2018/0104) heard 21/11/2018 attended by the Authority and their legal representatives. Prior to the Tribunal hearing and for the purpose of same, the Authority’s witness, Mr Carney made a statement in which he referred to the schedule of AOne+ rates I produced from a document:

Aone+ Third Party Claims Asset Support Contract (ASC) Area 12

http://www.englandhighways.co.uk/wp-cont...

The document sets out:

i. In compliance with this clause defined costs will be charged in accordance with the schedule of cost components see Appendix D.
ii. A schedule of costs at Appendix D to the document
iii. Through actual cost capture of People, Equipment, Materials & Subcontractor charges we will report the costs associated with the response and repairs, based upon the records and evidence available.
iv. We then apply our fees and working area overhead to the costs.
v. The fees have been agreed with Highways England and have been procured as part of a competitive Tender process and are not subject for review or alteration.
vi. The fee covers elements of our overheads for the projects and on Area 4 equates to 10.71% applied to the total cost of the resources expended on the incident. Area 12 equates to 11.60% applied to the total cost of the resources expended on the incident.
vii. The working area overhead is agreed with Highways England for year 1 of the contract and is not subject to review or alteration during that period. It has been fixed for year 1 of the contract at 3.28% and will be adjusted annually through validation with Highways England
The Costs Components appear within the document:
• Labour Overview
The labour cost charges have been agreed with Highways England in line with the Schedule 1 – Cost Components, from the Conditions of Contract for the Asset Support Contract. Appendix A details out the agreed list of roles and the charge out rates.
Charges will be by the hours worked in association with an individual repair.
The available working hours and defined costs have been calculated based on actuals and some historical data. The actual defined costs will be adjusted through reconciliation in agreement and audit by Highways England. This will be updated to include principally wage increases on a yearly basis.
• Plant and Equipment Overview
Plant and equipment rates for all small and large items have been agreed as the defined market price for each individual item of plant and have been agreed with Highways England in line with the Schedule 1 – Cost Components, from the Conditions of Contract for the Asset Support Contract.
This will be reviewed annually.
• Traffic Management overview
The labour and plant for traffic management will be allocated and charged in line with items 7.1 and 7.2. Traffic Management charges As described in this document in section 5, there are several different traffic management arrangements requiring differing levels of equipment i.e. cones, signs, lights etc. The different layouts have been agreed with Highways England for typical equipment levels and the associated costs of providing those items. Each TTM set up will be described in the supervisors report and will attract the agreed costs as contained in Appendix B
REQUEST:
The documents / information requested may relate to internal processes of AOne+ but if the contract is complied with, AOne+’s changes to rates have an impact upon Highways England and it is reasonable to believe such price rises (as conveyed by AOne+ above)) would be AGREED with the Authority whether applied to a TP and / or the Authority itself.

I have sought information pertaining to Highways England’s agreement to the new schedule of rates understanding that they are applied to HE and TP’s, agreed by HE (stated to be the case) and in turn whether the changes are contract compliant.

Your response does not accord with AONe+’s documentation, cannot be reconciled with same.
When undertaking the review, please address:
1. Whether and when Highways England have been made aware of the changes by the contractor (all exchanges)
2. Whether there are any sections of the contract or any changes to the contract that have enabled the contractor to make these price rises
3. Whether the new rates are applied to Highways England and if not
4. The process / contract change that has meant Third Parties are no longer subject to the same rates as Highways england i.e. dual pricing has bene permitted
If not contract compliant, having been made aware of the non-compliance by virtue of this request:
5. All information relating to this
There can be no doubt that the schedule of costs are DCP Rates. Mr Carney referred to the documentation ‘Aone+ Third Party Claims Asset Support Contract (ASC) Area 12’ in his second Statement of Truth for the First Tier Tribunal hearing ( EA/2018/0104) explaining:
7. The Appellant has produced, as attachments to the Appellant's Email, documents setting out (he says) Damage to Crown Property ("DCP") Call Out Rates (the "DCP Rates") charged by two of the Bidders (AOne+ and Kier).
8. In what follows, references to the DCP Rates are references only to the materials attached to the Appellant's Email.

Mr Carney, in referring to the AOne+ Rates (displayed at the above link and provided in full to the Tribunal as an exhibit to my statement) states:

9. I can say, however, that, for a number of reasons, the DCP Rates differ markedly from, and are not comparable with the vast bulk of those contract rates and prices in issue in these proceedings, i.e. the rates and prices offered by the Bidders in relation to the competitive tender in 2012 of the ASC for Area 10 (the "ASC Rates").

Mr Carney differentiates the Schedule of DCP rates I produced, the schedule appearing within Aone+ Third Party Claims Asset Support Contract (ASC) Area 12, from those rates for pre-planned, scheduled of ‘ASC’ rates.

It is therefore incorrect for Highway England to claim:

a) There is no schedule of rates associated with any ASC or
b) That they do not possess a schedule of DCP rates

With regard to ‘a’ above, AOne+ have issued a schedule of rates, they exist and are used to invoice HE and TP’s

With regard to ‘2’ Highway England, by virtue of the Tribunal hearing, prior to the date of hearing 04/12/2019, possessed my statement and the accompanying DCP Rates schedule issued by AOne+.

I accept, with regard to ‘b’ that the Authority may have disposed of the rates, but why would they; according to the Authority they posses no schedule (and never have) by which to confirm the costs presented by their contractor are in accordance with the contract.

Mr Carney goes further, stating:
11. Based on the threshold limit of £10,000, the DCP Rates are as the Appellant notes — what is charged by the relevant Contractor to the relevant third parties and their insurers for the repair of DCP.
What Mr Carney does not convey is that the same DCP rates are also charged to Highways England, that there is commonality. Rather he states:
20. Insofar as DCP repairs above threshold are concerned, HE pays, on a cost reimbursable basis, the reasonable costs of those repairs, on an incident-by-incident basis.
The above statement confuses the issue as it fails to convey the commonality but infers another process. In relativity, the same defined costs are used the differing total to a TP or HE arises due to the difference in ‘fee’ (to HE) and ‘TPCO, or ‘working area overhead (to a TP). The ‘fee’ percentage uplift to HE being lower than the TPCO percentage to a TP, the latter will always pay more.

Mr Carney also states:
25. Insofar as I can tell, the DCP Rates would appear to derive from the same sources, i.e. the plant, labour, materials, overheads and profit as charged by the relevant Contractors. However, these are the rates they have set down for the purpose of recovering their reasonable costs of below threshold repair to DCP. They are not comparable with ASC rates, adjusted over time and nature of work and, used to establish target prices for schemes where payment is based on a complex formula to assess a final cost
The above, by referring to ‘reasonable costs’ below threshold, mirrors the stated basis of charging above threshold at para. 20 cited above; the reasonable costs of those repairs. Given that an emergency incident, a ‘circumstance giving raise to the need for attendance and repair’ does not at the outset come with a price tag but is responded to using identical resources (staff, plant, operative and materials) it necessarily follows that the ‘base cost’ of these components will be the same – a Traffic management vehicle , for example, costs no more to send to a £5000 incident than a £50,000 incident; in the latter it will be involved longer and the ultimate cost, a multiple of its base rate, greater.
Mr Carney also states:
31. By contrast it would appear that AOne+ have elected to maintain openness and transparency in relation to rates they charge to third parties for repairs to DCP
The restriction of the rates applying to Third Parties is incorrect; they are used to bill Highway England.
As AOne+ have documented Highways England’s agreement to the rates they charge, I remain at a los sot understand why you possess no information relating to them.
Similarly, as these are the same rates being charged to Highways england, it appears the information must be held.
My request for information at 1 to 5 has not been addressed such that I can reconcile the statements of your contractor or employees:
• There are agreed charges. I anticipate being provided the copy Highways england hold
• If not held by Highways england, I anticipate the Authority will approach AOne+ for these.
• With regard to the 24/06/2019 amendments, my request was designed to capture all information relating to the increases being presented, finalised and agreed by Highway England. The request would confirm (or otherwise) that Highways England has agreed to be subjected to what, in some instances, are substantial price hikes.

I am also seeking an internal review in respect of questions 6 and 7

6.The agreement for AOne+’s increase to be backdated i.e. applied to incidents pre-24/06/2019

7. Confirmation Highways England are now subject to the same rates or, in the alternative,
please provide;

a. the schedule of DCP Rates charged to you

AOne+’s documentation states rates are agreed with Highway England with regard to:

• Labour Overview
• Plant and Equipment Overview
• Traffic Management overview

I am seeking all related information to include the recent agreement or the basis upon which rates have been increased without such involvement of Highways England and seeming not to Highways England

It appears AONe+ have decided reasonable rates for repair when billing a TP are greater than the reasonable rates for repair when billing HE despite the use of the same plant, staff, operatives and materials.

No aspect of my request is a duplication. The request is specific to AOne+.

I do however accept that Highways England have stated they hold no schedule of DCP Rate sin any Area, a statement undermined by the historical involvement with, for example, AOne+ and the provision of same.

The upcoming First Tier Tribunal hearing (EA/2019/0119) on 12/11/2019 relates to Area 3 DCP Rates and Kier Highways.

Whilst you state ‘The rates charged are those contained in the Cost Breakdown Document for each specific incident’, it is Kier who utilise the CBD. It appears you have confused the contractors and request.

AOne+ use a ‘Cost T Date Summary’.

I am seeking the information relating to:
6. The agreement for AOne+’s increase to be backdated i.e. applied to incidents pre-24/06/2019
7. Confirmation Highways England are now subject to the same rates or, in the alternative, please provide;
a. the schedule of DCP Rates charged to you
As you do not hold the information, they have not been signed off, I believe it reasonable to conclude the rates have not been agreed with you. Please correct this assumption if incorrect
What increases have been agreed in the past 2 years
With regard to:
9. All queries about and amendments to the contract and exchanges about this to include the sign-off
As you do not hold the information, I believe it reasonable to conclude the rates have not been raised with you. Please correct this assumption if incorrect
The following do not relate specifically to the new schedule for ate instigated by AOne+ 24/06/2019:
10. whether Management Resources’ are considered and presented as a ‘defined cost’ or addressed in the ‘Third-party Claims Overhead’ (TPCO) and
11. whether ‘incident value’ is the sum of ‘defined costs’, ‘defined costs plus TPCO’ or another total
12. whether or not the charge for ‘Management Resources’ is inclusive of the TPCO
13. the TPCO percentage uplift in Area 12 for the past 3 years
14. the ‘fee’ uplift percentage to Highway England in Area 12 for the past 3 years
I am seeking an Internal review of the above as the response ‘The documents requested relate to internal processes of AOne+. Under Section 1(1)(a) I confirm that this information is not held by Highways England’ is incorrect. The request relates to interpretation and application fo the contract to which HE are a party. By reference to AONe+’s correspondence it is HE who agree uplifts and the period they are in force. This is therefore not a request that relates to information held by the contractor alone.
It appears the ‘not held’ exemption has bene used inappropriately.
The further requests are pertinent to Highways England insomuch as the process change will have an effect upon the claims presented to your Authority, it will cause more claims to exceeded the £10,00 threshold.
Taking into consideration the new charge rates, that DEFINED COSTS or DCP rates have risen and therefore the threshold will be reached sooner, I have sought all information about
15. the application of the process and how the threshold has not effectively been lowered and
16. How the process is contract complaint and
17. The basis upon which this was agreed with Highway England; why a substantial increase in charges is to be paid from the public purse.
18. If ‘Management Resources’ ARE a defined cost, please provide the breakdown of the rates comprising the totals now charged to Third Parties and Highways England.
19. If ‘Management Resources’ are NOT a defined cost, the charge is incorporated in the TPCO. How does the charge not represent a duplication?

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/a...

Please quote my reference 09/2019A in all responses
Yours faithfully,

Mr P Swift

Harrison, James, Highways England Company Limited

1 Attachment

Mr Swift

 

Please find the response to your latest FOI query.

 

TPC HAIL

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 |
[1]https://www.gov.uk/government/organisati... |
[2][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. mailto:[Highways England request email]

Dear Harrison, James,

Whilst I thank you for your message posted today, the attachment bearing yesterday's date, this appears to be a repeat of yesterdays to which I have already responded seeking review.
Yours of today is accompanied by no explanation, no indication of what has been amended. It appears you expect em to undertake the cross-reference. This is far from helpful.
with regard to my request for a review (yesterday), I appreciate this was lengthy. If this posses any difficulties, please say by the end of this week and I will attempt to provide a concise overview.

Yours sincerely,

Mr P Swift

Harrison, James, Highways England Company Limited

Mr Swift,

Thank you for your e-mail, apologies for not providing clarification on the e-mail sent earlier today.

The date of your e-mail we were responding to was incorrect on the first response you received.

On the response you received today this has been amended to the correct date of 7 September 2019 from 10 May 2019.

Sorry for any confusion.

James Harrison, Team Administrator FBS Green Claims
Highways England 2nd Floor 5 St. Philip’s Place Colmore Row BIRMINGHAM B3 2PW
Tel: +44 (0) 300 4703051
Web: https://highwaysengland.co.uk

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Dear James,

I was concerned that there may have been other amendments - thank you for the clarification.

Yours sincerely,

Mr P Swift

FOI Advice, Highways England Company Limited

3 Attachments

Dear Mr Swift,

Thank you for your e-mail dated 5 October 2019.

In this e-mail you have requested an internal review due to no response being received at time of e-mail. Please be aware that you submitted the original request on Saturday 7 September 2019 and therefore the first working day that Highways England had to process this request was Monday 9 September, therefore the 20 working day time frame did not elapse until 7 October 2019. Therefore at time of receipt your request for internal review was invalid.

I do note that a response was sent to this request on 8 October (attached for reference) which I acknowledge was one working day beyond the statutory 20 working days and I apologise for this. Subsequently, now that the statutory timeframe has elapsed and the response provided if you would now like an internal review logging please confirm by return.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://highwaysengland.co.uk

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Dear Jonathan

I have submitted an IR request with regard to the reply as opposed to the delay - which I am unconcerned about, as you say, 1 day - by HE standards, impressive ;-)

The iR appears at 07/10/2019 https://www.whatdotheyknow.com/request/a...

Regards

Philip

Dear FOI Advice,

The response is not understood; it cannot be reconciled with the process known to us and information provided by HE and AOne+.

1. My understanding is that the contractor AONe+ is subject to Appendix A to Annex 23. Please confirm.
2. If subject to Appendix A to Annex 23:
a. planning costs (as an example) are charged by the TPCO. Please confirm
b. charges are by use of defined costs. please confirm.
c. these defined costs are to be the same to Highway England and the Third Party. please confirm
d. the difference in charge to Highways England and a Third Party is the difference in uplift i.e. a 'fee' to HE and the 'TPCO' to a TP. please confirm.
e. the TPCO is set/agreed by/ with HE. please confirm
If my understanding is incorrect, please explain where.
Assuming my understanding is correct, on what basis have AOne+ increased charges to a TP but not to HE and why have you not been made aware of this conduct?
Either defined costs have increased, in which case this would result in an increase to Highways England and a TP, yet no increase has been noted to HE Or, the percentage uplift to a TP has changed, the TPCO has increased however, we understand this would need to be with the approval of HE and/or HE set the rate.
what increases have there been to rates AOne+ charged HE since the ocmmencement of their contracts?
I am seeking an explanation for the increase, the process by which this occurs and to what extent HE is or should be involved.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

to ICO 12/02/2020