Collion Attendance & Repair Costs on Sub-Threshold Claim

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

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

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

Dear Highways England Company Limited,

On 5/08/2016, at about 3am, a collision occurred on the M69 southbound at marker post 99/8.

the incident was attended upon by your contractor and a repair undertaken 15/09/2016.

I ask to be supplied:

1. all information you possess about the incident
2. the electronic costing for the incident – the information provided to Highways England by your contractor, the costs conveyed.

I understand the records, transferred to you electronically, will display:

• Type – labour, material, plant etc.
• date work carried out
• Item ID – I am not seeking personal information
• hours worked
• rate per hour
• amount
• direct fee or subcontractor fee – understood to be a percentage
• total

I am not seeking information your contractor possesses nor am I asking that you approach your contractor for the information. I am seeking the information that the contractor has conveyed to you, is required to supply and has provided.

My thanks in anticipation.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

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6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

apologies the heading should read 'COLLISION Attendance & Repair Costs ...'

OD MIDLANDS HLC, Highways England Company Limited

1 Attachment

 

Dear Mr Swift

 

Thank you for your request for information dated 9 October 2017 which has
been dealt with under the Freedom of Information Act 2000. Please find
attached our response.

 

Kind regards

 

Rachel Keogh, Customer Correspondence Executive

High Level Correspondence Team - Operations Midlands
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN

Tel: 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]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
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3. mailto:[Highways England request email]

Dear Highways England Company Limited,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Highways England Company Limited's handling of my FOI request 'Collion Attendance & Repair Costs on Sub-Threshold Claim'.

No information has been supplied and no justifiable explanation for refusal.

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

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

If you’re reporting a real time issue which requires immediate attention
please call the Customer Contact Centre on 0300 123 5000. 

 

A map of the roads for which we are responsible can be found here
[1]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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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 16/01/2018 as no repsonse to internal review

Mr P Swift left an annotation ()

ICO Case Reference Number FS50721487
I have written to Highways England to recommend that they issue you with an internal review decision within 10 working days from the date of receipt of our letter.

FOI Advice, Highways England Company Limited

Dear Mr Swift

Our Ref: 757272

I refer to your request for an internal review dated 24 November 2017. Firstly, please accept my apologies for the delay caused in responding to your request.

Your request was refused under Section 14(1) of the FOIA as it was considered to be vexatious. . In making this decision, I have reviewed the context and history of all your requests relating to sub-threshold information and have calculated that between February 2016 and November 2017 you have submitted 18 FOI requests and 9 requests for internal reviews. This is excluding requests submitted by your employees at CMA claims asking for similar information or where you have been working in concert with other parties to acquire information. Collectively, these requests submitted to Highways England are causing a disproportionate level of disruption. I have therefore come to the conclusion that your requests are posing a significant burden to the Company and that Section 14(1) of the FOIA has been correctly engaged.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely

Layla Beckett, Freedom of Information Officer
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Web: http://www.highways.gov.uk

show quoted sections

Dear Ms Becket

I have submitted a number of requests. I emailed you this week asking to be provided the outstanding matters believing that I may be able to reduce their scope. I have not received a response.

The information I have been able to glean to date, some from FoIA requests, has enabled me to restrict my applications to 3 areas insofar as Kier Highways are concerned:

1. Defined Costs
2. Multipliers
3. The information you are provided by your contractors.

I have raised separate additional concerns to my SPOC @ Highways England, your Head of Claims, Recovery and Dart Charge. I spoke with my SPOC 28/02/2018 and explained that if they could get me the defined costs, ‘that would be great’. The reply was ‘ok’ and I asked if I would hear from them ‘late Friday’ (02/03/2018) the response was ‘yes’ but if not they would drop me a note and let me know when it will be. They wanted to make a few calls. I have never heard back.

I assure you, there is no desire to cause any disruption to Highways England whilst conversely, you appear intent on obstructing me and preventing matters from being resolved. In good faith therefore, where any matters do not relate to the above, please stop activity – simply email me at pswift[@]cmaclaims.co.uk with the request and I will draw a line under the issue where it relates to another issue.

Highways England have provided misleading, false information that has meant I need to probe. The conduct of your contractors has given rise to wider interest in the charging process and as evidenced by your own staff, there are others raising concerns that have caused an investigation of Area 9 – an enquiry which appears ineffectual, with no end in sight save for a predetermined dismissal.

I have no need to act in concert with others at CMA. Their requests, for many months, are likely to be inconsequential as, to assist Highways England, I presented myself as your SPOC, this followed a meeting 21/06/2017. At the meeting I asked to be provided the defined costs, ‘1’ above and understood they were to be forthcoming. They have not been supplied.

I am however aware that Highway England resisted providing a CMA employee Kier’s charges for an AIW. Their request dates from 09/2016 and I believe followed a disclosure to me that could not be reconciled with information in their possession. Specifically, your General Counsel emailed:

The current charges levied by Kier are as follows:
a) AIW staff hourly rate: £70.32
b) AOW (sic) vehicle hourly rate: £35.53
c) CO1 Standard Beam:£41.52

The full email can be found here:

http://www.englandhighways.co.uk/aiw-rat...

You may also find it odd that Highways England were prepared to disclose this information to me yet when another asked, it was refused. However, the above figures are not supported by documents in our possession. It appears someone is misrepresenting facts to me, Third Parties (drivers, fleets and insurers) and to the Courts. It is concerning that this appears to be a Public Authority acting in concert with their contractor. In turn that, in an attempt to prevent

I would welcome a frank and open exchange in relation to ‘1’ to ‘3’ above. If you do not intend to provide me information in accordance with FoIA please say so and we can save each other’s time. I likely possess sufficient information to demonstrate my concerns.

In the meantime, if you would email me the requests to which you refer, this would be appreciated. For my part, I will respect your decision. Whilst I do not agree with it and believe it is part of a wider decision to prevent the truth being evidenced, I will not put you or the ICO to the trouble of considering this issue further albeit request touches upon ‘3’.

Wishing you an enjoyable Easter

Yours sincerely,

Mr P Swift

Dear Ms Beckett,

1. On 29/03/2018, with regard to your Ref: 758, 514, you have written about my request history, between February 2016 and November 2017, I have submitted

21 FOI requests
14 requests for internal reviews

2. on 29/03/2018, with regard to your Ref: 757636, you have written about my request history, between February 2016 and November 2017, I have submitted

21 FOI requests and
14 requests for internal reviews.

3. on 29/03/2018, with regard to your Ref: 757272, you have written about my request history, between February 2016 and November 2017, I have submitted

18 FOI requests and
9 requests for internal reviews.

I cannot reconcile the above and am seeking a detailed explanation. What is the actual number, why is there a lack of consistency, to what requests are you referring, within what time period was each handled and when were the reviews undertaken.

I also ask that you note that, with regard to each response, you proffered an apology because you had delayed responding. This has, to an extent, had an effect upon my submissions – it because evident Highways England were not responding, were failing o comply with the FoIA:

• ‘1’ above - I sought the review 14/11/2018. This should be undertaken within 20 working days. I waited 2 months, over 40 working days.

• ‘2’ above - I sought the review 24/11/2017. This should be undertaken within 20 working days. I waited 4 months, or approximately 80 working days.

• ‘3’ above - I sought the review 24/11/2017. This should be undertaken within 20 working days. I waited 4 months, or approximately 80 working days.

when responding, when detailing he requests I have made (whatever number), I ask that you provide a time line to demonstrate how these overlap and which follow the appointment of an auditor in respect of Kier Highways and the dates at which said audit was to be concluded.

Yours sincerely,

Mr P Swift

Jones, Sian, Highways England Company Limited

1 Attachment

Dear Mr Swift

 

Thank you for your emails dated 29 March (15.42 and 17.01) and 2 April
(10.53). As in my view the issues can be aggregated, for ease I have
provided a single response.

 

You asked for clarity regarding the number of FOI requests and requests
for internal reviews you have submitted to Highways England. The attached
spreadsheet provides this information:

·        Request reference number

·        Title of request (including Internal Reviews)

·        Date Received

 

With regard to time limits for conducting internal reviews please note
there is no statutory obligation under the Freedom of Information Act to
conduct an internal review, though it is considered best practice to do
so.

 

In respect of:

 

Defined Costs and the information we are provided by our contractors: In
my view these points were addressed in the ICO Decision Notice issued on
28 March which upheld Highways England’s application of the section 14
exemption. As such these queries in your email dated 29 March 2018 (15.42)
have been answered and I do not propose to revisit them.

 

Yours sincerely

Sian Jones | Lead Information Rights Officer | Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
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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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]

Dear Ms Jones,

There is no consistency to the responses I receive from Highways England and I ask that you return to this matter and provide accurate information.

29/03/2018, Ms Beckett stated:
between February 2016 and November 2017 I have submitted
18 FOI requests and
9 requests for internal reviews.
The above totals 27.

Yet the very same day, the very same employee Ms Beckett wrote for the same period I had submitted:
21 FOI requests and
14 requests for internal reviews.
The above totals 35.

1. Please explain the anomaly.

I asked for clarity regarding the number of FOI requests and requests for internal reviews I have submitted to Highways England and you provided a spreadsheet. This displays a total of 33 requests and reviews. This does not clarify, it further confuses the issue.

I note, possibly to inflate your claim and prejudice my position, rather than adopt the same time period, you have commenced earlier and finished later than Ms Beckett to reach the 33 total. This only casts further suspicion upon Ms Beckett’s total of 35.

For the period Ms Beckett has used, by reference to your spreadsheet, the total is 26. Once again this does not accord with either of Ms Beckett’s totals!

The number of submissions is a matter of FACT.

2. please review the responses and explain the irregularities.

Regarding reviews, Highways England have (on occasions) identified the reference for the original request i.e. the request to which the review relates. However, this is not the case in respect of all matters.

3. Please explain why some review requests are not accompanied by a reference to the original request and
a. supply same.

Yours sincerely,

Mr P Swift