Area 9 ASC Appendix A to Annex 23

Mr P Swift made this Freedom of Information request to National Highways Limited

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Response to this request is long overdue. By law, under all circumstances, National Highways Limited should have responded by now (details). You can complain by requesting an internal review.

Dear Highways England Company Limited,

Appendix A to Annex 23 of the 01/07/2014 Area 9 contract sets out how a Third Party (driver, fleet or insurer) is to be charged; the MAXIMUM they are to be charged using an equation; a Third Party is to be charged ‘no more than’ the sum.

1. Please provide all information about the decision to place the 01/07/2014 Area 9 contract and Annexes on-line but NOT Appendix A to Annex 23,. This will include, but not restricted to:
A. The process for authorising uploading of contracts on-line
B. internal exchanges about providing the information
C. The exchanges with KHL about placing the information on-line
D. The decision NOT to provide Third Parties access to the process that protects them i.e. to keep it secret; known only to Highways England and KHL
E. The decision why, to this date, the Appendix is:
i. Not provided online by Government
ii. Not provided to third parties with each claim
iii. not referred to in any FoIA response (that I have noted)

2. I ask to be provided all information that relates to Highways England’s audits and monitoring of KHL’s Area 9 charging of Third Parties from 01/07/2014 to the present date in particular dealing with:
A. KHL's approach to 'Appendix A'.
B. the date Highways England became aware of KHL's non-compliance with 'Appendix A' and
C. the action following this
D. the basis upon which KHL sought to impose processes on Third Parties and whether Highways England were privy to this.
The contract, at Appendix A, sets out a single process by which KHL are to charge Third Parties. However, KHL have adopted a variety of processes; not all can be complaint.

3. I ask to be provided all information held by Highways England (to include exchanges with Kier) about:
A. The process replacing 1153 (in or about 10/2015)
B. the new (current) process
C. how Highways England have satisfied themselves the process is compliant with Appendix A and
D. if it is not compliant, the action Highways England have taken or are taking and present position of this

4. With regard to KHL’s ‘Insurers Guide’ I ask to be provided all information held:
A. of Highway England’s involvement in the creating of the Guide
B. that the Guide is used by Highway England as a ‘best practice’; is it?
C. for the Guide making no reference to 'Appendix A'
D. all versions of the 'Guide', all issues from inception to the current date

In early 2016, Highways England’s General Counsel stated, in 12/2015, KHL charged you £70.32 / hour for an AIW - a KHL operative.

5. I ask to be provided all evidence in support of your General Counsel's statement that KHL charge or have charged Highways England £70.32 / hour for an AIW in 12/2015 or thereafter to the present date i.e. how this was corroborated i.e. how Highways England satisfied themselves the response was correct

Yours faithfully,

Mr P Swift

Highways England, National Highways Limited

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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]http://www.highways.gov.uk/publications/... If
the road you’re interested in isn’t on this map it will fall under the
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6. mailto:[Highways England request email]

OD MIDLANDS HLC, National Highways Limited

Dear Mr Swift,

 

I am writing regarding your request for information, received on 19 June
2018. In that request, you asked us for:

 

Appendix A to Annex 23 of the 01/07/2014 Area 9 contract sets out how a
Third Party (driver, fleet or insurer) is to be charged; the MAXIMUM they
are to be charged using an equation; a Third Party is to be charged ‘no
more than’ the sum.

 

1. Please provide all information about the decision to place the
01/07/2014 Area 9 contract and Annexes on-line but NOT Appendix A to Annex
23,. This will include, but not restricted to:

A.The process for authorising uploading of contracts on-line

B.internal exchanges about providing the information

C.The exchanges with KHL about placing the information on-line

D.The decision NOT to provide Third Parties access to the process that
protects them i.e. to keep it secret; known only to Highways England and
KHL

E.The decision why, to this date, the Appendix is:

i.Not provided online by Government

ii.Not provided to third parties with each claim

iii.not referred to in any FoIA response (that I have noted)

 

2. I ask to be provided all information that relates to Highways England’s
audits and monitoring of KHL’s Area 9 charging of Third Parties from
01/07/2014 to the present date in particular dealing with:

A.KHL's approach to 'Appendix A'.

B.the date Highways England became aware of KHL's non-compliance with
'Appendix A' and

C.the action following this

D.the basis upon which KHL sought to impose processes on Third Parties and
whether Highways England were privy to this.

The contract, at Appendix A, sets out a single process by which KHL are to
charge Third Parties.  However, KHL have adopted a variety of processes;
not all can be complaint.

 

3. I ask to be provided all information held by Highways England (to
include exchanges with Kier) about:

A.The process replacing 1153 (in or about 10/2015)

B.the new (current) process

C.how Highways England have satisfied themselves the process is compliant
with Appendix A and

D.if it is not compliant, the action Highways England have taken or are
taking and present position of this

 

4. With regard to KHL’s ‘Insurers Guide’ I ask to be provided all
information held:

A.of Highway England’s involvement in the creating of the Guide

B.that the Guide is used by Highway England as a ‘best practice’; is it?

C.for the Guide making no reference to 'Appendix A'

D.all versions of the 'Guide', all issues from inception to the current
date

 

In early 2016, Highways England’s General Counsel stated, in 12/2015, KHL
charged you £70.32 / hour for an AIW - a KHL operative.

 

5. I ask to be provided all evidence in support of your General Counsel's
statement that KHL charge or have charged Highways England £70.32 / hour
for an AIW in 12/2015 or thereafter to the present date i.e. how this was
corroborated i.e. how Highways England satisfied themselves the response
was correct

 

We have estimated that the cost of compiling your request will exceed
£450. Section 12 of the Act does not oblige us to comply with requests if
they exceed this limit. We request that you limit the scope of this
request.

 

Please note that if we cannot agree a revised request by 6 August I will
have to refuse your request in reliance on the section 12 exemption.

 

If you wish to discuss any of the above, please contact me. Please
remember to quote reference number 763,449 in any future communications.

 

Yours sincerely

 

Simon Lee, Customer Correspondence Executive

High Level Correspondence Team – Operations Midlands

Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN

Customer Contact Centre: 0300 123 5000

Web: [1]http://www.highways.gov.uk

 

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

 

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3. mailto:[Highways England request email]

Dear OD MIDLANDS HLC,
You do not state how you have calculated the cost will exceed, in turn what would bring this within the scope.
I was to have received th
e information by 09/07/2018 i.e. you have not only overrun, you have waited beyond the lawful period to advise me of this cost issue.
Please advise by return
It appears there is an intention to delay and I await your explanation as it appears you have used this exemption having failed to monitor and handle the request in good time
Yours sincerely,
Mr P Swift

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 'Area 9 ASC Appendix A to Annex 23'.

you have not addressed my query and have not provided the 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, National Highways 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]http://www.highways.gov.uk/publications/... 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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[3]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
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This email may contain information which is confidential and is intended
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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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6. mailto:[Highways England request email]

Highways England, National Highways Limited

Dear Mr Swift,

Thank you for your Freedom of Information request (FOI) received 27/07/2018. You have been informed that you need to email these requests directly to [email address].

Can you please redirect your request to the FOI team as advised in previous correspondence from Highways England.

Kind regards

Karen
Highways England Customer Contact Centre
Highways England | National Traffic Operations Centre | 3 Ridgeway, Quinton Bus. Park | Birmingham | B32 1AF

Email: [email address]
Tel: 0300 123 5000

Highways England Company Limited | Registered Office: Bridge House, 1 Walnut Tree Close, Guildford GU1 4LZ | Registered in England and Wales No. 9346363

show quoted sections

Dear Karen,
Are you saying that you have intentionally failed to address my request?

I made this request 11/06/2018. The approach you wrote to was not instigated until 15/06/2018 when Ben Broughton wrote to me. His careless reference to 'scattergun' approaches was clearly undermined by my use of WhatDoTheyKnow - a service that causes my requests to be held in one place, as opposed to 'scattered'. It appeared he was seeking to set my approaches up for a 'vexatious' exemption.

I asked whether you were seeking to prevent me using WhatDoThey Know. You have already effectively sought to curb my freedom of speech by taking a prejudiced approach to anyone whose submission through WhatDoTheyKnow I endorse.

Having not received a reply by 05/07/2018, I returned to Highways England about WhatDoTheyKnow:

'I have no control over whatdotheyknow and question how on earth you expect me to ensure they are ‘ultimately forwarded to the FOI Advice inbox and not to another member of staff or team within HE’; please confirm you have addressed this with whatdotheyknow i.e. that they send the emails to the address you desire and not specific members.

On 05/07/2018 Sian Jones | Lead Information Rights Officer | Information & Technology wrote in respect of my question about the subject 'Are you saying you will not entertain whatdotheyknow submissions?'

'4. Answered in the email below - Whatdotheyknow submissions are happy to be accepted, as long as they are ultimately forwarded to the FOI Advice inbox and not to another member of staff or team within HE.'

that same day 07/07/2018, I wrote:

'You state:
4. Answered in the email below - Whatdotheyknow submissions are happy to be accepted, as long as they are ultimately forwarded to the FOI Advice inbox and not to another member of staff or team within HE.
As I have explained, I cannot know whether they are sent to the Foiadvice@ inbox. You will know this, I will not. Kindly address the question. '

To date you have not addressed the question.
This matter remains outstanding and I am seeking an internal review of my request which should extend to your conduct, the prejudice shown toward my requests.
My latest, which remains without reply, is below

Yours sincerely,

Mr P Swift

From: Philip Swift
Sent: 05 July 2018 15:36
To: FOI Advice <FOIAdvice@ highwaysengland.co.uk>
Cc: Broughton, Ben <Ben.Broughton@ highwaysengland.co.uk>; Jones, Sian <Sian.Jones@ highwaysengland.co.uk>; 'GRC' <grc@ hmcts.gsi.gov.uk>
Subject: RE: FOI/EIR Requests Tribunal, case no. EA/2018/0088 & Tribunal, case no. EA/2018/0104 iICO ref FS50741018

Dear Ms Jones,

I do not believe it correct for you to cite the involvement of the ICO or tribunal when responding on this issue.

You state:

1. The answer has been provided in previous emails – the approach taken is in response to what Highways England perceives to be a scatter gun style (to explain this reflects the many different approaches made to teams and individuals within Highways England) of requesting that has previously been accepted which makes it extremely difficult to record accurate data. In an effort to accurately record all correspondence, requests and internal reviews and prevent inconsistencies or inaccuracies this is the method we have now adopted which we believe will be of benefit both to all

Since the request to use ‘foiadvice@’, I have done just that. I have cc’d to relevant parties as I do not go behind people’s backs. However, the approach has made no difference; my requests are ignored. Indeed, I have asked which response has provoked this approach – I receive silence on the issue.

2. the term ‘scattergun’ has been used to explain the multiple approaches made to Highways England teams and individuals

The term scattergun has been used inappropriately because it is cited by the ICO as a means by which to label someone vexatious. You are inappropriately seeking to shoe-horn me into such a description but failing because it is incorrect, I do not fit the description.

https://ico.org.uk/media/for-organisatio...
Scattergun approach
The request appears to be part of a completely random approach, lacks any clear focus, or seems to have been solely designed for the purpose of ‘fishing’ for information without any idea of what might be revealed.

I have made requests to those parties having direct knowledge of the process or issue about which I am writing. If they are unable to address them or direct the request to the relevant party, that is an issue HE need to address.

I am insulted by your use of ‘scattergun’ when referring to my requests. I am also very concerned that you are sullying my good name with information / figures that are untrue, unsupported and that you are unwilling or unable to justify. It is this conduct which must stop.

I again ask ‘what requests do you believe are outstanding’?

Why have you not addressed this question? I put it to you that you cannot compile an accurate list but have cobbled something together in an attempt to convince others that the issue rests with me. I cite this as the willingness of HE to provide erroneous information.

If, as appears to be the case, you have no accurate list of outstanding matters, would it not have bene best to ask me to assist?

You state:

3. Answered in the email below - This isn’t information I can provide you as it may form part of proceedings with the ICO and at tribunals etc.

I asked ‘Who is to send me an explanation for the multiple accounts of requests I have made and address the misrepresentation’. Your response does not address the question, your reply is irrelevant and no sensical. You have complied spreadsheets, you have presented them to others, it is for you to provide and explain them … how can a Tribunal (for example) be expected to reconcile data provided by you, that is contradictory. I have cc’d to the tribunal to evidence the situation in which I find myself; my good name impinged by your poor conduct .

Your response is dismissive, an attempt to obstruct by unfitting use of the ICO and tribunal as a shield behind which to hide.

You state:

4. Answered in the email below - Whatdotheyknow submissions are happy to be accepted, as long as they are ultimately forwarded to the FOI Advice inbox and not to another member of staff or team within HE.

As I have explained, I cannot know whether they are sent to the Foiadvice@ inbox. You will know this, I will not. Kindly address the question.

You state:

5. Answered in the email below - this is not something we can put a number on, each person will be assessed on their own merits.

You know the merits of my requests. Please answer the question

You state:

6. GLD are a separate data controller and if you have specific queries relating to GLD I recommend you seek the most appropriate contact from them

I understand GLD are a sperate entity, a separate data controller but they have previously directed me to you – it appears they may be acting as a ‘processor’. I continue to await a response to the attached, a request made in 2017 that was directed to you and which you have not complied with. The ICO advises me that you are to be given the opportunity to respond before I progress the matter with them - FS50741018

It is not difficult to record accurate data. It is however clearly a problem for Highways England; there have been various attempts, you have a variety of spreadsheets and you present these to others whilst telling me there are no such compilations. You now appear to be admitting that there is an issue, that the integrity of your data sets cannot be relied upon yet you use them without any such caveat – you provide them to the tribunal and ICO seemingly without care intending to malign me, to undermine my approaches.

I would suggest that in not entering into model contracts and making contractors responsible, you have made a rod for your own backs; 14 or so Areas, multiple contractors yet you elected to be responsible for all requests. I believe the ICO and Tribunal need to take this into consideration when considering the volume of requests you receive, that they need to be ‘shared’ between the many contractors involved. It appears wrong to cite the total number of requests made of multiple contractors or Areas when HE elected to accept this responsibility, or overlooked the issue.

It is not in my interest to confuse; the information I am after is required to understand processes and enable informed decisions to be made. Unfortunately, I can demonstrate HE misrepresent facts to me and others, this to include in FoIA responses. Your process is a step in the right direction but it is apparent there needs to be a fundamental change in HE’s approach to requests. I do not believe this will occur until such time as you stop assisting your contractors to profiteer – the evidence indicates HE know the process of charging parties is flawed but (for whatever reason) you wish to keep the information from me and assist your contractor to subsidise highway maintenance by overcharging drivers, fleets and insurers. I have taken particular issue with the misrepresentation by Highways England and Kier to myself, insurers and the Courts.

Highways England, National Highways Limited

This is an automated response:

 

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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]http://www.highways.gov.uk/publications/... 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
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If your email does relate to an issue on Highways England's network it
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|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
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[5]https://www.gov.uk/government/organisati... |
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6. mailto:[Highways England request email]

Highways England, National Highways Limited

Dear Mr Swift,

No I haven't failed to address your request. I have reminded you that you need to address your request to the FOI team as informed.

Please redirect your email to the FOI team who have a point of contact to deal with your correspondence and will answer all questions you have raised in your email below.
Kind regards

Karen
Highways England Customer Contact Centre
Highways England | National Traffic Operations Centre | 3 Ridgeway, Quinton Bus. Park | Birmingham | B32 1AF

Email: [email address]
Tel: 0300 123 5000

Highways England Company Limited | Registered Office: Bridge House, 1 Walnut Tree Close, Guildford GU1 4LZ | Registered in England and Wales No. 9346363

show quoted sections

Dear Highways England,

I have reminded you that you have not addressed the issue of the WDTK site, that you have not responded to my request for clarification.

To what email address is a request via WDTK forwarded. As far as I am concerned, as I have not been advised to the contrary despite seeking clarification.

As I was not asked to follow the process until after I had made this request on what basis are you seeking to back-date the demand?

I am being treated differently to others, with prejudice.
Who is my point of contact - this is the first I have heard of a 'SPOC'.

As you have failed to address the request within the time frame, I am seeking an internal review. Please confirm that this will now be conducted.

No I haven't failed to address your request. I have reminded you that you need to address your request to the FOI team as informed.

I have sent the questions to the FoI team, using the email provided. They have not responded.

Yours sincerely,

Mr P Swift

Highways England, National Highways 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]http://www.highways.gov.uk/publications/... 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
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recipient, you are hereby notified that any copying, distribution,
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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
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6. mailto:[Highways England request email]

Sent: 07 August 2018 12:29
To: 'FOI Advice ([email address])' <[email address]>
Subject: Emailing: area_9_asc_appendix_a_to_annex_2 INTERNAL REVIEW

Dear Sirs,

Re; https://www.whatdotheyknow.com/request/a...

I await information in respect of the attached request made 11/06/2018.

When responding, please:

1. Advise the email address to which Whatdotheyknow responses are directed at Highways England – see 4 below.

2. Explain why you are preventing me from using this on-line FoIA service available to others i.e. why you are treating my requests with prejudice.

Thank you

P. Swift

From: FOI Advice [mailto:[email address]]
Sent: 05 July 2018 13:57

Dear Mr Swift

In answer to your questions:

1. The answer has been provided in previous emails – the approach taken is in response to what Highways England perceives to be a scatter gun style (to explain this reflects the many different approaches made to teams and individuals within Highways England) of requesting that has previously been accepted which makes it extremely difficult to record accurate data. In an effort to accurately record all correspondence, requests and internal reviews and prevent inconsistencies or inaccuracies this is the method we have now adopted which we believe will be of benefit both to all
2. As above the term scattergun has been used to explain the multiple approaches made to Highways England teams and individuals
3. Answered in the email below - This isn’t information I can provide you as it may form part of proceedings with the ICO and at tribunals etc.
4. Answered in the email below - Whatdotheyknow submissions are happy to be accepted, as long as they are ultimately forwarded to the FOI Advice inbox and not to another member of staff or team within HE.
5. Answered in the email below - this is not something we can put a number on, each person will be assessed on their own merits.
6. GLD are a separate data controller and if you have specific queries relating to GLD I recommend you seek the most appropriate contact from them

With regard to the Highways England ‘hierarchy’ or structure: the Data Protection Officer and Freedom of Information Officer report to the Lead Information Rights Officer.

Yours sincerely
Sian Jones | Lead Information Rights Officer | Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://www.highways.gov.uk

Highways England, National Highways 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]http://www.highways.gov.uk/publications/... 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
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To help us improve our service please click [4]here to complete a short
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Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
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Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
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[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

I have written to the address requested - FOI Advice ([email address])

please advise the present position with regard to this matter., when I will receive the information or a response to my request (above)

Yours faithfully,

Mr P Swift

Highways England, National Highways 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]http://www.highways.gov.uk/publications/... 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
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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,
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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 

 

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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Please provide information concerning the following aspect and advise the time it takes yo to complete:

Appendix A to Annex 23 of the 01/07/2014 Area 9 contract sets out how a Third Party (driver, fleet or insurer) is to be charged; the MAXIMUM they are to be charged using an equation; a Third Party is to be charged ‘no more than’ the sum.

1. Please provide all information about the decision to place the 01/07/2014 Area 9 contract and Annexes on-line but NOT Appendix A to Annex 23,. This will include, but not restricted to:
A. The process for authorising uploading of contracts on-line
B. internal exchanges about providing the information
C. The exchanges with KHL about placing the information on-line
D. The decision NOT to provide Third Parties access to the process that protects them i.e. to keep it secret; known only to Highways England and KHL
E. The decision why, to this date, the Appendix is:
i. Not provided online by Government
ii. Not provided to third parties with each claim
iii. not referred to in any FoIA response (that I have noted)

Yours faithfully,

Mr P Swift

Highways England, National Highways 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]http://www.highways.gov.uk/publications/... 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,
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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 

 

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6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

From: Philip Swift
Sent: 17 August 2018 15:40
To: 'FOI Advice (FOIAdvice@highwaysengland.co.uk)' <FOIAdvice@highwaysengland.co.uk>; 'casework@ico.org.uk' <casework@ico.org.uk>
Cc: 'Jones, Sian' <Sian.Jones@highwaysengland.co.uk>
Subject: Area 9 ASC Appendix A to Annex 23

https://www.whatdotheyknow.com/request/a...
I refer to my email of 13/08/2018. Please confirm acknowledgement and advise when I can anticipate receiving the information.

Your refusal to address requests I make through whatdotheyknow.com is inappropriate, prejudicial and suggests you have singled me out to be treated as vexatious. I object to this conduct particularly as you provide contradictory information about the number of requests I have made, supply erroneous responses and fail to address your misrepresentations.

P> Swift

Dear Highways England Company Limited,
Please provide information concerning the following aspect and advise the time it takes you to complete:
Appendix A to Annex 23 of the 01/07/2014 Area 9 contract sets out how a Third Party (driver, fleet or insurer) is to be charged; the MAXIMUM they are to be charged using an equation; a Third Party is to be charged ‘no more than’ the sum.
1. Please provide all information about the decision to place the 01/07/2014 Area 9 contract and Annexes on-line but NOT Appendix A to Annex 23,. This will include, but not restricted to:
A. The process for authorising uploading of contracts on-line
B. internal exchanges about providing the information
C. The exchanges with KHL about placing the information on-line
D. The decision NOT to provide Third Parties access to the process that protects them i.e. to keep it secret; known only to Highways England and KHL
E. The decision why, to this date, the Appendix is:
i. Not provided online by Government
ii. Not provided to third parties with each claim
iii. not referred to in any FoIA response (that I have noted)
Yours faithfully,
Mr P Swift

FOI Advice, National Highways Limited

1 Attachment

Dear Mr Swift,

 

Please see response attached.

 

Best regards

 

Freedom of Information Team
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Web: [1]http://www.highways.gov.uk

This email may contain information which is confidential and is intended
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recipient, you are hereby notified that any copying, distribution,
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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 |
[2]https://www.gov.uk/government/organisati... |
[3][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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3. mailto:[Highways England request email]

Mr P Swift left an annotation ()

Highways England's last response is as follows:

AREA 9 APPENDIX A TO ANNEX 23

I refer to your email of 11 June containing an FOI request relating to Area 9 Appendix A to Annex 23.

Your latest request is either covering ground which has been the subject of previous requests in relation to Appendix A to Annex 23, or is clearly directed at eliciting information previously sought in relation to those provisions. In her decision notice FS50703446 dated 28 March 2018, the Information Commissioner declared the request in that case for information regarding Appendix A to Annex 23 to be vexatious. Your latest request, while it has differences and goes into more detail, is simply a variation on previous similar requests in relation to the same subject matter.

On that basis, Highways England is treating the request in your 11 June email as vexatious pursuant to section 14 of FOIA. This response is notice to that effect.

In an attempt to close the matter down, can I underline the legal position in relation to Highways England’s entitlement to be recompensed for damage to its asset, the strategic road network:

• Where the damage is caused by the negligence of the owner or driver of a vehicle, Highways England is entitled to recover the loss that represents the diminution in value of the asset. The diminution in value is represented by the reasonable cost of repairing the damage.
• There is no obligation on Highways England to repair the damage to the strategic road network. Even if Highways England chooses not to have the damage repaired, Highways England, or the service provider bringing proceedings in the name of Highways England in relation to below threshold claims, is entitled to recover the reasonable cost of repairing the damage. By the same token, should the service provider agree under its contract with Highways England to carry out the repair free of charge or at much cheaper rates, Highways England, or the service provider acting on its behalf, is nonetheless entitled to recover from the individual responsible the reasonable cost of the repair. Thus, it is not the actual cost to Highways England of the repair which is important but the reasonable cost of the repair.
• The contract between Highways England and the service provider or supplier who undertakes, or procures the undertaking of, the repair does not determine what is the reasonable cost of the repair. Ultimately it is for the court to decide what is reasonable, and the court will tend to focus on the overall cost of the repair obtainable in the open market. It is always open to the owner/driver of the vehicle concerned or his/her insurer to challenge the costs being charged in court.

In reliance upon section 17(6) of FOIA, we will be treating all future requests for information about the operation of Appendix A to Annex 23 as vexatious and with no notice being issued to you to that effect. That will of course not affect your right to appeal the matter to the Information Commissioner’s Office.

Yours sincerely

Tim Reardon
General Counsel
Highways England

Dear FOI Advice,

Thank you for taking the time to set out your consideration of the legal position. There is no intention on my part to be, or to be considered as, vexatious. I am seeking to address a situation which appears logical, reasonable but seemingly neither Highways England, Kier Highways Ltd (Kier) or your lawyers wish to recognise and resolve; the method of establishing ‘reasonable costs’ when charging a Third Party (driver, fleet or insurer) has been agreed between you and Kier.

We both wish to arrive at ‘reasonable costs’. It is to this end that I write in respect of Appendix A. This small section of the contract defines the means by which to establish ‘reasonable costs’. 'Reasonableness' of charges need not be substance for Courts, your contractors, your lawyers or me. Your recurring reference to ‘reasonable’ appears to ensure your recovery method accords with an argument your lawyers confirm gives rise to inflated costs - http://corclaim.co.uk/index.php?id=159

1. How does the above (‘Coles’) argument supersede or ‘trump’ the contract you and Kier entered into?
2. Why is the contractually agreed process (Appendix A) to establish MAXIMUM costs now not considered reasonable?

The means to establish the 'reasonable cost of repairing the damage’ has been addressed; it was agreed 4 years ago between Highways England in Area 9 (by way of example) and Kier. You have done the hard work:

• established base rates (defined costs) for components such as operatives, plant and materials and
• agreed the uplift to be applied to defined costs

Appendix A to Annex 23 sets out the approach of charging Third Parties (drivers, fleets and insurers), designates how Third Parties are to be charged ‘no more than’ the sum of a formulae:

Defined Costs (£) + Third Party Claims Overhead (%) = Maximum Charge

The above calculation was agreed between you and Kier.

1. Why is the formulae not complied with?
2. If the above calculation is unreasonable, if it does not cover the reasonable cost of repair, why was it agreed by Highways England and Kier ?
3. Why do Kier Highways state (misrepresent) to us and the Courts that the process is complied with if the procedure is not the agreed, applicable and reasonable method of reaching a reasonable sum?
4. Why have Highways England not enforced this aspect of the contract?

Appendix A to Annex 23 provides protection for Third Parties, a shield. It appears someone (at Highways England?) believed it was necessary to limit what a contract could charge Third Parties.

But from the outset of the Area 9 contract (07/2014) Kier have not complied with the process and coincidentally, Highways England have not enforced it. A further quirk is that Highways England have kept the procedure secret and Kier have not conformed with it. Whilst the contract is on-line together with the Annexes nowhere have I located Appendix A presented by Highways England. The process is not conveyed in your writings to me over the years, Kier did not refer to the section and it does not appear in their ‘Insurers Guide’.

Your contractor has made a statement to a Court in respect of a Highways England claim:
‘The way in which we price and repair damage to the road network is strictly set out in accordance with the contractual terms for the particular area’.

This is correct however, contrary to evidence given on behalf of Highways England, the contracted process, the ‘rules’ set out in Appendix A to Annex 23, are not adhered to. It is claimed they are but this is false.
If your contractor was complying with the contract, I would not be questioning the conduct.
If there is any doubt your contractor is NOT complying with the contract, please advise and I will again present the evidence supplied to Highways England during our meeting of 21/06/2017.
If you do not wish to address my concerns and questions in respect of Appendix A, please have your contractor comply with the ‘rules’.

Can we resolve the above, or do I need to ask for review, or progress directly to the ICO?

Yours sincerely,

Mr P Swift

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 'Area 9 ASC Appendix A to Annex 23'.

You have referred to other requests however, these have been the subject of prevarication and / or obstruction. An example can be found here - http://www.englandhighways.co.uk/2017-fo...

It is apparent you wish to keep secret the method by which a Third Party is to be charged, that neither your contractor nor yourselves, a Public Authority who are to serve the public, want drivers, fleets or insurers to be aware there is a formula by which they are to be charged. This calculation sets out the MAXIMUM they are to be billed but has not been complied with since it commenced (07/2014) and either you have failed to enforce the contract or have turned a blind eye to it.

You make no mention of the calculation, the contractually agreed process designed to protect Third Parties from the very conduct they are encountering; gross overstatement of claims. The methodology, the means by which a Third Party is to be charged 'no more than' is:

defined cost (£) + Third Party claims overhead (%) = maximum (£)

You have sought to keep us from the defined costs thereby preventing the maximum charge being established. Your contractor, giving evidence in your name, in respect of proceedings issued in the name of Highways England, has misrepresented the 'defined costs' to us, Third Parties and Courts. You have supplied false figures to us.

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, National Highways 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.

 

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
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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Where is the information I have requested and the internal review?
I made the request 11/6/2018 & you acknowledged that same day.
Rather than deal with the issue, 10/07/2018 you wrote:
'thank you for your Freedom of Information request (FOI) received 27/07/2018. You have been informed that you need to email these requests directly to [email address].'
I was blocked form using this site by Highways England 15/06/2018 i.e. 5 days AFTER I made this request. It appears the block was in response to this request.
14/09/2018 you capitulated and appeared to suggest there was never a block!
It is evident you have intentionally, without good reason, refused to deal with my request.
The time line re the block can be found here:http://www.englandhighways.co.uk/2017-fo...

when am I to receive my information?
Yours faithfully,

Mr P Swift

Highways England, National Highways 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.

 

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 

 

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6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

to ICO 27/11/2018.
this should be read in conjunction with:
http://www.englandhighways.co.uk/kier-hi...

Mr P Swift left an annotation ()

ICO Ref: FS50802326

Bourne, Dana, National Highways Limited

1 Attachment

Dear Mr Swift

 

Please see attached response letter.

 

Kind regards

Dana Bourne, Lawyer, General Counsel’s Office
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
T: 0300 470 8167  E: [1][email address]
Web: [2]www.highwaysengland.co.uk

 

Please note that Wednesday is my non-working day.

 

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Dear Ms. Bourne

Whilst you initially cited s12, you subsequently relied upon s14; you cited me / my request as ‘vexatious’. You refused to address the request.

You have had plenty of time in which to reconsider your position and this should not have required the involvement of the ICO or the associated delays. It is evident ‘vexatious’ is used by Highways England casually, to obstruct and I refer you to your similar stance in respect of Tribunal EA/2018/0088; Philip Swift v (1) ICO (2) Highways England, your continued inappropriate use of ‘vexatious’.

You have had ample opportunity to return to me and seek further explanation / narrowing. In the circumstances, I do not believe your demand is reasonable. Please address the requests without further prevarication; I could have split them over months in the period it has taken you to adopt a more reasonable stance.

Please advise how you have calculated the time to exceed 18 hours by a breakdown of each question / facet.

You received the request a year ago. No response for clarification has previously been received.

You have not sought to address any aspect of the request with ‘positives’ i.e. information. I note Q4 is ‘not held’. Really?
With regard to the request, I add the following:

1. Withdrawn

2. I ask to be provided all information that relates to Highways England’s audits and monitoring of KHL’s Area 9 charging of Third Parties from 01/07/2014 to the present date in particular dealing with:

a. KHL's approach to 'Appendix A';
b. the date Highways England became aware of KHL's non-compliance with 'Appendix A';
c. the action following this; and
d. the basis upon which KHL sought to impose processes on Third Parties and whether Highways England were privy to this. The contract, at Appendix A, sets out a single process by which KHL are to charge Third Parties. However, KHL have adopted a variety of processes; not all can be complaint.

This request is narrow. Your witness, Kier’s former claims manager, stated to a Court in respect of the ‘Guide’ (see below) :

"I don't think it'll specify individual rates. It talks about the basis of the costs and the fact that we’re audited annually by Highways England on it. "

The ‘Insurers Guide’ did not contain the rates (DCP Rates / defined costs or base rates) with your witness explaining:

"It (the ‘Guide’) talks about the methods used, so we don't provide a full schedule of every rate, no, because that would be quite a large document."

I expect to be provide the annual audits. I anticipate these being to hand, used year on year for comparison.

a. Appendix A

From 01/07/2014 Kier were to adopt the process set out in Appendix A to Annex 23; it’s the contract, the appendix is good and should be complied with. This requires the use of DCP Rates / defined costs.

The audits should address the adherence with the Appendix and commonality of base rates to HE and TP’s.

b. Non Compliance with Appendix A

This is a date, specific, far from ‘wide’.

c. the action following this; and

this will follow the date at ‘b’ above.

d. Processes

The contract commenced 01/07/2014. From day-one Kier Highways (then EM Highways) failed to comply with the contract, specifically Appendix A to Annex 23 instead using their ‘1153’ process (see below).

Please address the request.

It is of further concern that you have elected to provide information that is irrelevant, not sought. The time engaged could have been better spent. You have conveyed information about above-threshold claims to Highways England. I have not sought this – I am aware Kier’s process when charging you:

• Is nearer contract compliant
• Involves a far lower set of rates – that should be the basis of billing Third Parties

I have sought audit information relating to claims presented to Third Parties by Kier.

3. I ask to be provided all information held by Highways England (to include exchanges with Kier) about:
a. The process replacing 1153 (in or about 10/2015)
b. the new (current) process
c. how Highways England have satisfied themselves the process is compliant with Appendix A and
d. if it is not compliant, the action Highways England have taken or are taking and present position of this.

You have written as ‘Lawyer, General Counsel’s Office’ and understand your involvement is at the hand of your General Counsel who instigated an audit of Kier 01/2016 following the concerns I raised about 1153. What is unclear?
It appears:
• Your contractor was to utilise ‘Appendix A to Annex 23’ as of 01/07/2014 when the contract commenced, they did not
• Highways England failed to identify this or permitted the non-compliance to occur
• The process engaged was 1153; the division of all incident attendance costs and associated admin’ by the annual number of incidents (1153)
• The process saw incident attendance leap from £125 (2013) to £2700 (2 operatives and a van) plus £2000 (admin’) as of 01/07/2014 - £4700 was the 'starting price'.
• But 1153 resulted in gross exaggeration:
o The annual number of incidents was 5400 (Insurers Guide), not 1153
o The operatives did not just undertake incident attendance but also cut grass, filled pot holes, cleared litter etc – already paid for by way of monthly lump sum - Kier were being paid twice ; from the public Purse and Third Parties
o The exaggeration until 10/2015 likely saw £10 million inappropriately demand and paid (?) by Third Parties
• Your annex 19 reports, the pain / gain threshold information that could result in the monthly lump-sum being reduced, should have identified the issue.

As Third Parties were paying 100% of the annual costs of these operatives, why Highways England was also being asked to pay on above-£10k incidents remains unknown; the Public Purse was being charged for an item already paid for in full.

More about 1153 can be found here:
http://www.englandhighways.co.uk/1153-mi...
http://www.englandhighways.co.uk/1153-ex...

The schedule of costs generated by 1153, which if Appendix A to Annex 23 were engaged, would reflect charges to HE also, can be found here:

http://www.englandhighways.co.uk/1153-th...

You will note a schedule of costs at the above link; the withholding of information was not a consideration when your contractor sought to justify their gross exaggeration on 1,000’s of claims.

To further explain 3c and 3d, it is evident the process is NOT compliant with Appendix A to Annex 23. Therefore, I withdrawn 3C and expect to be provided all information in relation to 3D, an issue I raised, demonstrated and documented when meeting with your head of Green Claims 21/06/2017 and who I understand reported to your General Counsel.
Time having moved on, this will also extend to Highways England’s failure to ensure compliance when writing to contractors (09/2018) and events giving rise to your post-Carney review of procedures that has seen you:
• unable to locate a schedule of rates
• seemingly stop Kier issuing any invoices in Area 9 in 2019 and
• creating an entirely

4. With regard to KHL’s ‘Insurers Guide’ I ask to be provided all information held:
A. of Highway England’s involvement in the creating of the Guide
B. that the Guide is used by Highway England as a ‘best practice’; is it?
C. for the Guide making no reference to 'Appendix A'
D. all versions of the 'Guide', all issues from inception to the current date

You will appreciate I am less than confident your response is factual as it was your General Counsel who drew my attention to the Guide and first supplied me with same, the first incarnation of the document. Clearly you were in possession of the document, had received same. It appears to date from 10/2015 and the email Mr Reardon sent was:

'Sent: 10 February 2016 18:55
Subject: FW: ACTION: Complaints Procedure

Dear Mr Swift
Please see the attached.
Yours sincerely
Tim Reardon'

In a County Court your witness, the then Kier claims manager stated, with regard to the Guide and its reference to ‘multipliers’ 02/02/2017:

"Off the top of my head, this document was a work in progress for a period of three months. So it was something that I know is now sent out by Highways England as best practice.
But it was formed I think a further amendment probably came out at the end of December and I think there was another iteration again in the January as well with some slight enhancements around some wording based on some questions that we had from an insurer. But I'd have to go back and check all the copies if you wanted exact dates."

I again ask to be provided all information you possess in relation to this.

5. I ask to be provided all evidence in support of your General Counsel's statement that KHL charge or have charged Highways England £70.32 / hour for an AIW in 12/2015 or thereafter to the present date i.e. how this was corroborated i.e. how Highways England satisfied themselves the response was correct

The relevant emails are dated:

• 05/04/2016 &
• 11/04/2016

And can be found here:

http://www.englandhighways.co.uk/highway...

Yours sincerely,

Mr P Swift

Dear Bourne, Dana,

Further information can be found here:

http://www.englandhighways.co.uk/kier-ai...

the payment of overtime uplifts was said to be agreed with Highways England. Given that AIW's (operatives) are apparently paid flat-rate overtime, the conduct appears to amount to profiteering.

A statement of truth was presented to a Court for proceedings issued in the name of Highways England. This contains the paragraph:

'The way in which we price and repair damage to the road network is strictly set out in accordance with the contractual terms for the particular area. Whilst each incident is individually assessed as you would expect there are a degree of similarities in terms of the process that is used. In order to assist the understanding of what we do and how we go about it in 2015 we produced a document entitled “An Insurance Guide to Incident Management and Claims Recovery, A copy of that document is enclosed herewith at Appendix SG5.'

The statement continues;

'The costs are summarised in the “cost breakdown document”. Referring to that document it can be seen that under the “initial incident” and planning element of the “AIW initiating planning of repair” the charging rate is 1.5. There are other operatives which are also charged at a 1.5 rate. The reason for this is because the time of the incident and the time recorded for these individuals and for the work that they have done is outside normal working hours and it is within the insurers guide on page 4 that an appropriate multiplier for this time on this day is 1.5. By way of further explanation if that is required, although it is largely contained in the insurer’s guide document, the costs under ‘planning’ are put together as a result of averages across the previous 12 month period'

The document is produced in support of your claims, proceedings in respect of which Highways England are the claimant.

Appendix A to Annex 23

Your contract sets out the process by which a driver fleet, haulier or their insurer should be charged 'no more than'; 'defined cost £) plus TP claims overhead (%). As the latter (%) of almost 26% in Area 9 incorporates 'planning', as I have conveyed, the process is not being complied with. Furthermore, with regard to planning, Kier are charging separately for this (£500+ claim on 1,000's of claims) but state they are complying with Appendix A i.e. charging the TP claim overhead percentage. Either they are:

not complying with the process or
they are charging for planning twice

It appears, given the extent of the exaggeration, both are occurring. More can be found here:

http://www.englandhighways.co.uk/u05b763...

The information imparted to KPMG highlighting the issues and which as yet to be acted upon, will appear here:

http://www.englandhighways.co.uk/15-11-2...

Yours sincerely,

Mr P Swift
Kier have produced a document ‘An Insurer’s Guide to Incident Management & Claims Recovery’ . This document should be treated with caution.

On 30/01/2017, Kier Highway’s head of claims stated to a Court:

“this document was produced in collaboration with some insurers to help explain the different activities which happen when an accident occurs and the aftermath of an accident and the things that we have to go through.

This document is now used as best practice by Highways England and all other contractors.”

This document was used to justify the application of ‘multipliers‘ to the hourly rate of Kier operatives attending an incident – see ‘multipliers‘, with Ms Granville advising the Court:

“at page 4 of that document that multipliers are relevant in certain situations in relation to the base rate*“

Note the use of 'base rate' i.e defined cost or DCP Rate

Version 1 of Kier's 'Guide' can be found here:
http://www.englandhighways.co.uk/wp-cont...

Richard Jones left an annotation ()

https://www.whatdotheyknow.com/request/c...
They never answered

this does not answer the 2 question, which remains outstanding for many months:

Are the rates the same if the rates are the same there would be no reason to keep these secret?
If they are different, why would they be?

i have noted reference to an Appendix from an Annex about THIRD PARTY claims.
this is a new question:

what are the defined rates?

i have resurrected the subject because the appendices i have been referred to says the contractor uses defined rates - so why if these are used to compile a bill are the public kept from them. would you agree to a set of charges that you could not see or check. do you?

Mr P Swift left an annotation ()

DCP rates should be the same to Highways England and a Third Party. They are not and this is an issue I presented to Sarah Green @ HE 21/06/2017. See the time line here http://www.englandhighways.co.uk/area-9-...

Agreed: if the rates are the same there would be no reason to keep these secret? A possible explanation is that by disclosing them you would understand they are NOT the same.

The defined rates a.k.a. Defined Costs or DCP Rates or Base Rates are being withheld.

The contractor in Area 9 (and others) should use
'defined cost'.

Highways England state they do not have the schedule, that since 2012 of rates - they have agreed to charges that they could not see or check! But the evidence supports this being false, that they do have the schedule which they were at pains to protect until 11/2017 their employee (Mr Carney) acknowledged these were not commercially sensitive. Coincidentally, after 11/2017 someone realised the schedule they had been considering for 5 years and 175 requests ... did not exist! More here:
http://www.englandhighways.co.uk/dcp-rat...
http://www.englandhighways.co.uk/defined...
http://www.englandhighways.co.uk/defined...

TPC HAIL, National Highways Limited

1 Attachment

Mr Swift

 

Please find attached response to your latest FOI query.

 

TPC HAIL

FBS Green Claims
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Web: [1]https://highwaysengland.co.uk

 

 

 

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Mr P Swift left an annotation ()

HE's response in the above message reads:

2. Audits & Monitoring

Under the Asset Support Contract (ASC), third party claims are split into:

• Claims by Third Parties against the Highways England; and by
• Highways England against Third Parties for damage to Crown property.

The process for third party claims is set out under Annex 23 of the Asset Support Contract.
Claims over £10,000 are pursued and settled by Highways England’s internal (Green
Claims) team using cost and resource allocations provided by its network area service
provider. The cost and resources are captured as set out under the amended New
Engineering Contact and follows standard practice principles of Defined Cost plus fee.

With claims under £10,000 the service provider pursues the third party directly to recover
the costs flowing from their actions.

For these claims, the ASC is not prescriptive as to the methodology to be adopted by the
service provider. However, it is required to provide such breakdowns and supporting
information to justify the cost of repair. The specific processes have been developed and
evolved between the insurance industry and our service providers to provide improved
granularity and consistency required.

3. 1153

With regard to the stated “1153 method”, the number 1153 relates to the assumed amount
of third party claims as stated in the Area 3 tender documents. This was a notional
number that the tenderers used to build up their tender submission for the sub £10,000
claims. It was not envisaged as the actual future number of claims but simply a benchmark
for submitted tenders by Highways England.

It was found that the 1153 number was used by Kier as a basis for averaging some cost
elements. As stated, this process has now been reviewed and revised. For clarity, it is
understood that any contentious or unsettled claims - priced under the old methods - have
been resubmitted under the new process, as agreed with the insurance industry. Please
note these are private matters between the service provider and the third parties’ insurers.

4. Guide

We previously responded to this question “This information is not held. We do not have a
copy of the guide referred to and this does not appear to be a guide used by HE. From
our initial search HE does not appear to have contributed to the production of this guide.”

In your email to the ICO in May 2019 you confirmed that this statement was incorrect and
to support this an email you sent to Tim Reardon was attached. We confirm that the
search conducted in order to answer this query did not include the email inboxes
employees employed by the company. The search was limited to a request to the team
who coordinate requests for information from Kier contracts. Kier were also contacted and
your question was put to them.

In response to your questions:
A. We confirm that Highways England was not involved in creating the Guide.
B. The Guide is not used by Highways England.
C. We have not checked the Guide to check whether it refers to Appendix A.
D. We have not provided the copy of the Guide that you forwarded to Tim Reardon.

5. General Counsel’s Statement HE were charged £70.32 / hour for an AIW

Our initial searches have not recovered this email or the correspondence relating to this
email. The new email system archives emails every 3 months and up to 12 months emails
are retrievable from the server. Due to the date of this correspondence our search of the
system has not returned any results. This information is not held.

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 'Area 9 ASC Appendix A to Annex 23'.

You have not addressed the request:

2. I ask to be provided all information that relates to Highways England’s audits and
monitoring of KHL’s Area 9 charging of Third Parties from 01/07/2014 to the present date
in particular dealing with:
A. KHL's approach to 'Appendix A';
B. the date Highways England became aware of KHL's non-compliance with 'Appendix A';
C. the action following this; and
D.the basis upon which KHL sought to impose processes on Third Parties and whether
Highways England were privy to this. The contract, at Appendix A, sets out a single
process by which KHL are to charge Third Parties. However, KHL have adopted a variety
of processes; not all can be complaint.

Please respond using the numbering I have adopted.

The ASC is prescriptive as to the methodology to be adopted by the service provider, this is set out in some Areas under Appendix A to Annex 23. Your CEO has recently stated that the section is 'good' - it is in the contract. Please explain your response.

The process is not complied with.
Your statement 'The specific processes have been developed and evolved between the insurance industry and our service providers to provide improved granularity and consistency required' is hackneyed Kier-speak , raise din Court by your witness who cited 2 insurers. One has denied any involvement. Please evidence your statement; details of the insurers, source of the information and why you believe the response to be accurate.

3. 1153

With regard to the stated “1153 method”,whilst it may not have been envisaged as the actual future number of claims but simply a benchmark for submitted tenders by Highways England, Kier Highways applied the number nationally to divide their annual costs by. Their insurers Guide identifies the actual figure as about 4,500 claims i.e. their division resulted in a 5-fold exaggeration of costs on 1,000's of invoices.

The process was also not consistent with Appendix A to Annex 23. Why did HE permit the process, what did HE do to stop / prevent the process?

You state the invoices have been resubmitted under the new process, as agreed with the insurance industry. What agreement with the insurance industry?

Whilst you state there is agreement, understanding you are also employed by the General Counsel Team, what evidence do HE possess to support such a statement - particularly given you will (should) know the number of claims progressing to Courts due to disagreements.

If there was agreement with the insurance industry, why has Area 9 not issued an invoice during 2019 and why is Highways England in talks with insurers to establish a new set of rates, a new methodology? This process was to have commenced 04/2019 but appears more likely to be applied at the end of 07/2019.

Your statements appear disingenuous.

Clearly these are not private matters between the service provider and the third parties’ insurers:

a. proceedings are issued in your name
b. costs and recoveries can cause a contractor's lump-sum payment to reduce. There is reason for HE to be provided accurate information about the sums pursued and received.
c. you are expected to act for the public, not to assist them to be the subject of profiteering or stand by and do nothing when this occurs

4 Guide

It is your witness who has stated the Guide was used by Highways England. The Guide as been exhibited in support of claims pursued in the name of Highways England i.e. it is used by Highway England to progress demands against Third Parties.

As explained to Highways England and KPMG the Guide sets out multipliers to be applied with Kier Highway stating AIW’s work 8am to 5pm after which they are paid a multiplier. However, this document misleads Third Parties:

AIW’s work shifts
AIW’s are not paid the uplift

As the Guide featured in my meeting with Highways England of 21/06/2017, was raised in my conversation with KPMG 15/11/2017 and resulted in Tim Reardon’s eventual response late 2018, your reply that the Guide could not be located is at odds with the claimed ‘investigation’; you appear to work for the every department that spent over a year considering the issues, the 'multiplier fraud' being a big part of the allegations.

I expect a through search of the records to locate all references to this . You sought no clarification, no request was made of me to ascertain where the information may be held. Why was this not undertaken?

Why was the search limited (to a request to the team who coordinate requests for information from Kier contracts)?

I note Kier were also contacted and my question was put to them. Please provide the request of Kier and their response.

Your inquiry should also extend to KPMG exchanges.

That you have not checked the guide further undermines your ‘investigation’ of Kier and the allegations.

Why have you not checked the guide. It is evidenced in proceedings issued in your name and documents Kier’s justification for the use of multipliers, uplifts that are not incurred by Kier, not a cost / loss.

5. Tim Reardon’s email

I have not asked for the email to be recovered. I have asked for the evidence in support of the email. The records will relate to financial transactions well within the past 5 years i.e. they will be held.

Records of costs from 12/2015 will exist.

Effectively, you need only repeat the request of Kier Highways, or review your own records (whatever resulted in the response).

I also raised the issue subsequently as the statement is inaccurate, false. You have never paid such a sum for an AIW. Your General Counsel has never sought to correct the information.

Please provide all evidence in support of the stated rate.

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, National Highways Limited

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show quoted sections

Dear Highways England,

Dana Bourne wrote:

'Our initial searches have not recovered this email or the correspondence relating to this
email. The new email system archives emails every 3 months and up to 12 months emails
are retrievable from the server. Due to the date of this correspondence our search of the
system has not returned any results. This information is not held. '

to what new system is Ms Bourne referring (program, process and all related information such as circulars to staff, manuals, instruction etc.), when did this commence and what became of the old system and the associated emails. Was every email more than 12 months old archived and every email over 12 months old deleted? Is there any means by which to retrieve emails over 12 months old and if not, from what date does this commence? Does this apply to every HE department, for example, to include your emails, your department (General Counsel)

Yours sincerely,

Mr P Swift

Highways England, National Highways 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. 

 

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[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
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Kind regards

 

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This email may contain information which is confidential and is intended
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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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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]

Dear Ms. Bourne,

With regard to my 26/06/2019 internal request review, please note:

a. The ‘guide’ figure of 4500 is incorrect and should read 5400.

b. my statement should read: 'you appear to work for the very department that spent over a year considering the issues, the 'multiplier fraud' being a big part of the allegations' i.e. 'very' not 'every'.

With regard to your non-prescriptive comments, it appears you have regurgitated a 2016 response. I note https://www.whatdotheyknow.com/request/a...

RESPONSE TO YOUR FOI REQUEST 762,168

1. In 2016 you replied to my FOI 738,640 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.

'Our response was correct with regard to your question raised. The response provided in 2016 was framed with a context around specific Asset Support Contracts (ASC), in particular, ASC 3 and its Service Information Annex 23 - Third Party Claims. This is an older ASC Contract and is not prescriptive as to the methods adopted by the Service Provider for the recovery from Third Parties for Damage to Crown Property that fall below the threshold amount stated; the claim follows general principles that the claim must be justified, substantiated and in sufficient detail to support the claim made. With newer ASC Contracts, Service Information Annex 23 has been augmented setting out under its Appendix A the principles to be followed by the Service Provider when calculating the amounts to be claimed against any third party to recover the costs in the name of the Highways England.'

The contract IS prescriptive.

My interest with regard to insurers said to be involved is not simply that, in your name, this claim is being made by a Kier witness to the Court and evidence suggests it is untrue but extends to the contract.

Having met and discussed the claim process with Highways England employees it is evident Appendix A is ‘good’ i.e. it is in the contract and applicable, you are conversant with it.

Area 9, as an example, incorporates Appendix A to Annex 23 that sets out how a Third Party is to be charged ‘no more than’ i.e. how the ‘maximum’ amount a Third Party is to be charged is to be arrived at.

From day-one, your contract has failed to comply with the contract and Highways England failed to address this. Here is one contractually agreed process and whilst you kept this hidden, Kier pursued their own process. 08/2015 they attempted to impose another on us but, due to flaws pointed out, the process was abandoned and the third commenced 10/2015.

You explain that Kier has agreed this 10/2015 process with insurers in respect of charging Third Parties, you have apparently learned of this from someone and are sufficiently confident to document the response.

I am keen to understand why Kier Highways would negotiate a process with any party given that the means by which they agreed to charge a Third Party is agreed upon.

I am also keen to understand what the insurers (assuming there was any such agreement, which I doubt) were informed. Highways England kept Appendix A secret; it was not placed online and never raised by you. Kier did not mention the process. It appears, if any agreement was entered into with insurers, this was undertaken without Kier, in your name, coming to the table open-handed.

However, I am particularly interested to learn of Highways England’s reaction upon learning that their contractor, agreeing to a process that was to see ‘defined cost’ plus Third Party Claims Overhead (TPCO) percentage used to bill third parties, were seemingly behind your backs, attempting to agree with a third (different) process with a few insurers that they would then impose on every Third Party.

Kier has been clear; Highways England undertakes a detailed calculation to churn out the TPCO process. What was the point? Kier has never used it when billing a Third Party in Area 9, or at least they have not used it in conjunction with Defined Costs.

When responding, I would appreciate a clear accurate, account specific to my request.

Yours sincerely,

Mr P Swift

Highways England, National Highways 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.

 

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:
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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 

 

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References

Visible links
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6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Please advise the present position with regard to the following:

6. 26/06/2019 reference number 19121162

Dear Highways England Company Limited,
Please pass this on to the person who conducts Freedom of Information reviews.
https://www.whatdotheyknow.com/request/a...
it appears you considered this a new request, the review being pertinent to:

7. 02/07/2019 Ref: FOI 763,449
The Internal Review in respect of this is awaited. I sought clarification:

to what new system is Ms Bourne referring (program, process and all related information such as circulars to staff, manuals, instruction etc.), when did this commence and what became of the old system and the associated emails. Was every email more than 12 months old archived and every email over 12 months old deleted? Is there any means by which to retrieve emails over 12 months old and if not, from what date does this commence? Does this apply to every HE department, for example, to include your emails, your department (General Counsel)

https://www.whatdotheyknow.com/request/a...

8. 19/07/2019 I sought clarification and assisted by further detailing my concerns:
https://www.whatdotheyknow.com/request/a...

I have received no response despite 20 working days having expired.

Please advise by when I expect responses to requests and reviews. It is concerning that the failure to provide complete, comprehensive information is putting me to the trouble of making further requests and appearing troublesome. I remind you a Tribunal concisely explained the situation arising having considered my lay submissions and the presentation of your General Counsel’s team, GLD and Counsel:

18. Again looking at the evidence before us we do not accept that there could or should have been any harassment or distress (of and to staff) in an organisation of the size and import of the second respondent in this appeal. They were of such a scale that the important information sought by the Appellant should have been within their capacity to process without causing harassment or distress. We find that the failure to recognise and process the requests was principally caused by inadequate or inaccurate responses by the personnel within Public Authority. We find this to be the cause of what came to be described as “Obsessive behaviour” on the part of the requestor, which in our view, in all the circumstances was not manifestly unreasonable.

If any of my requests are considered duplicates, or are not understood, please explain and I will address this promptly. I have no desire to cause you inconvenience, I am simply seeking facts – information which you hold but which you appear intent upon keeping from me. I remind you that the Judge’s statement (above) was made WITH the knowledge you have received a stated 175 FoIA requests or reviews for rates related information between 2013 and 07/2018 but WITHOUT being aware you now claim to have misrepresented the existence of rates on each; the rates had repeatedly been stated as ‘held’ but commercially sensitive. Now, just days or weeks after you accept they are not commercially sensitive, it is claimed they do not exist. http://www.englandhighways.co.uk/defined...

175 ‘inadequate or inaccurate’ responses about which the Tribunal was unaware … how is Highway England other than the vexatious party?

Yours faithfully,

Mr P Swift

Highways England, National Highways 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.

 

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
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Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
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strictly prohibited. If you have received this email in error, please
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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 

 

Consider the environment. Please don't print this e-mail unless you really
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References

Visible links
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3. https://www.gov.uk/make-a-freedom-of-inf...
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5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear Highways England Company Limited,

Please advise the present position with regard to this matter.

Yours faithfully,

Mr P Swift

Highways England, National Highways 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.

For more information on how we use your data please check our privacy
notice at: [3]https://www.highwaysengland.co.uk/privacy

 

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:
[4]https://www.gov.uk/make-a-freedom-of-inf...

 

Please be advised that emails may be monitored for training and quality
assurance purposes.

 

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
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References

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4. https://www.gov.uk/make-a-freedom-of-inf...
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6. mailto:[Highways England request email]