Contractor Charges, Recoveries & Lump-Sum Payments for DCP Works

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,

I understand there exists a relationship between the amounts charged & recovered by your contractors and the monthly lump-sum they are paid by Highways England; that all contractors reconcile their costs annually against their recoveries. If the proportion of recoveries exceeds expectations an assessment would be made and the Lump Sum payment would be reduced.
This necessarily relates to sub-threshold (£10,000 matters).

I ask to be provided all information in respect of this arrangement and it application since 2012 to include, but not be restricted to:

1. The areas in which this arrangement exists
2. All information about this process; the contract extracts relating to the methodology, the calculation, how it is applied etc.
3. What information the contractor is to submit for reconciliation and the description of said data i.e. whether this comprises ‘defined costs’ (a.k.a. ‘base rates’ or DCP Rates’ of ‘notional rates’) , the Third Party Claims Overhead etc.
4. How Highway England determine the submitted information is correct, true and accurate
5. The last submission, reconciliation and assessment for each area

Specifically, with regard to Area 9:

6. The investigation and reconciliation of the figures passed to your Green Claims manager insofar as the submission of figures by Kier Highways was concerned, namely:
a. Defined cost
b. TPCO
c. Total
d. Recovery
e. remarks

Specifically, with regard to HE references: 767 723:

7. How the information was reconciled, considered to be accurate prior to disclosure
8. The action taken subsequently to determine the accuracy (or otherwise)of the records.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

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

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

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

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Khan, Rizwana, Highways England Company Limited

1 Attachment

Dear Mr Swift

Please find attached our response to your FOI request below.

If you have any further questions then pls ensure you quote the ref 770,263 in all future correspondence.

Regards

Rizwana Khan
Business Information & Assurance Team
Commercial & Procurement
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702482 | Mobile: + 44 (0) 773 898 0858
Web: http://www.highways.gov.uk
GTN: 0300 470 2482

show quoted sections

Mr P Swift left an annotation ()

HE response (above):
Thank you for your request of 24th April where you asked several questions relating
to Contractor Charges, Recoveries & Lump-Sum Payments for DCP Works.
During the tender process for Asset Support Contracts a Lump Sum payment is bid
by suppliers to cover third party damage where the driver remains unidentified. At
the point the contract is awarded to a service provider this sum becomes contractual
and the payment remains part of the Lump Sum payment for the duration of the
contract, with changes only made relating to normal annual adjustments to the Lump
Sum for example, to account for inflation.
Your remaining numbered questions have not been responded to as they are based
on an incorrect premise.

Dear Khan, Rizwana,
the premise upon which i am requesting information is that related to the pain / gain arrangement and the need for your contractor(s) to submit claims costs and recovery amounts for reconciliation. As an example of the basis upon which I have made this approach, please see the below FoIA reply extract issued by Highways England.
The submission of costs and recoveries is clearly required by Highways England and there is obviously reason for this.

Mr P Swift

Highways England Ref: FOI 743,153
All contractors reconcile their costs annually against their recoveries. If the proportion of traced incidents exceeds expectations an assessment would be made and the Lump Sum payment would be reduced. However, no contractor has ever been in the position where the proportion of traced claims exceeds these assessments and there are various factors for this. The main one being not all damage linked to a driver is reported by the driver.

Khan, Rizwana, Highways England Company Limited

1 Attachment

Dear Mr Swift

Thank you for your email request below.

Please find attached our response.

If you have any further questions then pls ensure you quote ref 770,466 in future correspondence.

Regards

Rizwana Khan
Business Information & Assurance Team
Commercial & Procurement
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Tel: +44 (0) 300 4702482 | Mobile: + 44 (0) 773 898 0858
Web: http://www.highways.gov.uk
GTN: 0300 470 2482

show quoted sections

Mr P Swift left an annotation ()

Highways England response:

You will be aware NEC Option C Target Price with a pain/gain share is used by Highways England for most scheme work although not used for Green Claim repairs.
This was a direct result of challenge by insurers who were not prepared to accept any pain/gain approach in their payment of claims for damage repairs from negligent drivers. NEC Option E cost reimbursable (or Defined Cost plus Fee) approach is therefore used for DCP repair work. I refer you to a previous FOI 738,640 of 13 July 2016 published on the .GOV website
at the following link.
https://www.gov.uk/government/publicatio....

In FOI 738,640 the relevance of the 1153 Traced-dentified and Un-identified incident numbers for tender purposes in Area 3 Asset Support Contract was explained in detail i.e. “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.” Also, that ‘’the 1153 number was used by KHL 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.”

It is not practical for Highways England nor our contractors to establish a precise number of damage incidents on our network and hence the proportion of incidents caused by traced and un-identified drivers. While some un-identified driver damage incidents can be obvious, many others by their nature are not and the damage to the asset may not be established until sometime after the event. Un-identified driver
damage incidents tend to be those causing the least obvious damage to both our asset and also the vehicle involved as evidenced by the fact the vehicle has driven
way from the scene and off the network unnoticed.
The Lump Sum in Asset Support Contracts remains unchanged throughout the life of the contract apart from annual adjustments due to indexation and other factors (eg tendered efficiencies, etc.).

DCP cost and recovery information is provided by suppliers when required in line with the contract but this is not generally provided on an incident by incident basis.

Dear Khan, Rizwana,

Highways England Ref: FOI 743,153

I am seeking an internal review of your response 14/05/2019.

Whilst I thank you for your reply of 12/06/2019, this raises more questions than it answers. I note you hold information pertinent to my request of 24/04/2019. Yet 14/05/2019, you refused to address the questions stating they are based on an incorrect premise.

Your latest response indicates my premise was / is sound.

I accept question ‘1’is in the present tense i.e. I asked about the Areas in which this process EXISTED and the correct answer, by reference to your latest reply, is it NO LONGER does. However, as there WAS such an arrangement, my subsequent questions are, in the main (save some should be past-tense) valid.

For example, whether or not the process is CURRENTLY in place, it WAS and Q5 seeks ‘The last submission, reconciliation and assessment for each area’. You hold information in respect of this. As at 25/10/2016, the process was in place, as evidenced by your FoIA response FOI 743,153. Therefore information should have been provided.

Q6 similar requires no amendment to avoid semantics.

I asked ' to be provided all information in respect of this arrangement and it application since 2012 i.e. I have sought historical information.

The process was in place until at least 10/2016 when a previous FoIA response (to which I have referred) disclosed this.

Why have I been provided no information form the contract commencement to the date the process terminated?

I ask to be provided all information in respect of this arrangement and it application since 2012 to include, but not be restricted to:

1. The areas in which this arrangement existED
2. All information about this process; the contract extracts relating to the methodology, the calculation, how it is applied etc.
3. What information the contractor WAS to submit for reconciliation and the description of said data i.e. whether this compriseD ‘defined costs’ (a.k.a. ‘base rates’ or DCP Rates’ of ‘notional rates’) , the Third Party Claims Overhead etc.
4. How Highway England determineD the submitted information WAS correct, true and accurate
5. The last submission, reconciliation and assessment for each area

Specifically, with regard to Area 9:

6. The investigation and reconciliation of the figures passed to your Green Claims manager insofar as the submission of figures by Kier Highways was concerned, namely:
a. Defined cost
b. TPCO
c. Total
d. Recovery
e. remarks

Specifically, with regard to HE references: 767 723:

7. How the information was reconciled, considered to be accurate prior to disclosure
8. The action taken subsequently to determine the accuracy (or otherwise)of the records.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

Dear Khan, Rizwana,

Please advise by what date I can anticipate receiving a response - the review is overdue

Thank you

Yours sincerely,

Mr P Swift

Khan, Rizwana, Highways England Company Limited



I am currently out of the office and unavailable. Please contact Nicola
Patchett on 0300 470 2534 or Matthew Aymes on 0300 470 7243 if your matter
requires a response.

 

If you would like to make a request under the Freedom of information Act
or Environmental Information Regulations Act please contact
[1][Highways England request email].

 

 

Thanks

Regards
Riz Khan

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 |
[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 

 

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

References

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

Dear Highways England Company Limited,

I am awaiting a response to mine of 15 June 2019. On the basis you may, or could, have interpreted this as a new request, this should be considered a request for an internal review; you have not replied within the statutory 20 working days.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

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

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

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

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear Highways England Company Limited,

you have not provided information in response to my FoIA

You have not provided the outcome of your internal review

please advise by when I can expect to receive the information sought.

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

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

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

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

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Dear HRizwana,

The appears to be a great deal more to the pain/gain share and my requests than meets the eye. Possibly this will demonstrate my logical, cross-referencing approach and why I can become frustrated

In response to FoIA 743153, 25/10/2016 Highways England conveyed the existence of the pain/gain relationship. It should be remembered that in 2016 HE was saying DCP rates were ‘held’ but ‘you cannot have’, you had yet to lose the ‘commercially sensitive’ shield, had yet to change tack and use the ‘not held’ exemption.

in respect of this request, as at 14/05/2019, there was no reluctance on the part of HE to answer my request, no suggestion I was being vexatious, you simply ‘put me in my box’ by stating I had misunderstood, I had approached the issue from an incorrect premise. The reply is above.

However, I do not believe this to be correct. I was aware of a 25/10/2016 response in respect of the pain/gain share. I therefore pointed out what you had previously conveyed.

Using the limited but pertinent information I possess about pain/gain, this contractual arrangement can be applied to Area 9. A brief timeline is as follows:

01/07/2014 Kier commenced the Area 9 contract. That is to say, Kier was subject to the pain/gain share for over a year, at least until:

25/10/2016 the ‘pain/gain share’ existed and was applicable, it was conveyed in a FoIA response of that date. BUT … ‘no contractor has ever been in the position where the proportion of traced claims exceeds these assessments’

In order to state no contractor had met the threshold (I paraphrase) it follows:

• The statistic was monitored
• Figures were provided
• Figures were supplied on an annual basis
• Consideration was given to the:
o Number of claims
o Costs
o recoveries

Where is this information which is captured by my FoIA request?

Sometime between 25/10/2016 and the response above:

12/06/2019 the pain/gain share is said to have concluded (due to insurers)

You state the pain/gain share concluded because ‘of challenge by insurers who were not prepared to accept any pain/gain approach in their payment of claims for damage repairs from negligent drivers.’

Assuming, for one moment, the above is correct and the pain/gain share stopped. When? Clearly it was after 25/10/2016. I therefore expect to be provided all information prior to this date. Indeed, I expect to be advised the date the ‘share’ stopped and supplied all information to that date. It is clearly captured by my request.

But how does the pain gain share affect insurers – does it?

The contract (Area 9 / ASC) simply says a Third Party (drive, fleet, haulier or their insurer) will pay ‘no more than’:

Defined costs, base rates (£) +
Uplift (%)

The pain / gain share is an arrangement between Highways England their contractor. It does not involve insurers.

Insurers see no benefit from ‘pain /gain’; the arrangement is intended to ensure Highway England benefit – if a contractor recovers more than a threshold, likely a percentage of their costs, the monthly lump-sum payment (from the public purse) the contractor receives is reduced. Highway England have met the ‘pain’ aspect under the monthly lumpsum payment – they have never seen the gain.

Insurers having no involvement in the pain / gain relationship, the matter is not believed to have been raised with them (or us) and is not the basis for any alteration to the contract (which it appears occurred).

I am seeking the correspondence relating to the contract amendment such that no matter how much Kier (as an example) recover they would never see their lump-sum reduced.

However, a particular concern is that Kier Highways are misrepresenting recoveries to HE, overstating their costs and understating their recoveries. This is evidenced here http://www.englandhighways.co.uk/false-i...

Yours faithfully,

Mr P Swift

Highways England, Highways England Company Limited

This is an automated response:

 

Thank you for your email to Highways England.

 

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

 

A map of the roads for which we are responsible can be found here
[1]https://assets.publishing.service.gov.uk....
If the road you’re interested in isn’t on this map it will fall under the
jurisdiction of the local authority.  You can find details of local
authorities using the search facility on the gov.uk website
at: [2]https://www.gov.uk/find-your-local-council

 

If your email does relate to an issue on Highways England's network it
will be passed to the relevant team within Highways England and they will
respond to you within a maximum of 15 working days.

 

If you’ve made a request under the Freedom of Information Act we will
respond to you within a maximum of 20 working days. Your request will be
dealt with in line with government guidelines:
[3]https://www.gov.uk/make-a-freedom-of-inf...

 

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

 

To help us improve our service please click [4]here to complete a short
survey.

 

Kind regards

 

Highways England Customer Contact Centre.

This email may contain information which is confidential and is intended
only for use of the recipient/s named above. If you are not an intended
recipient, you are hereby notified that any copying, distribution,
disclosure, reliance upon or other use of the contents of this email is
strictly prohibited. If you have received this email in error, please
notify the sender and destroy it.

 

Highways England Company Limited | General enquiries: 0300 123 5000
|National Traffic Operations Centre, 3 Ridgeway, Quinton Business Park,
Birmingham B32 1AF |
[5]https://www.gov.uk/government/organisati... |
[6][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
https://www.gov.uk/find-your-local-council
3. https://www.gov.uk/make-a-freedom-of-inf...
https://www.gov.uk/make-a-freedom-of-inf...
4. https://www.surveymonkey.co.uk/r/HECCC
5. https://www.gov.uk/government/organisati...
6. mailto:[Highways England request email]

Mr P Swift left an annotation ()

ICO

Mr P Swift left an annotation ()

09/09/2019 from ICO to Highways England Case Reference Number FS50868062

Dear Sir/Madam

Your reference: 770,263

Complaint from P Swift

The Information Commissioner has received a complaint from Mr Swift stating that he has not received a decision regarding the internal review he requested on 15 June 2019. A copy of the internal review request for your information can be found at the link below:
https://www.whatdotheyknow.com/request/c...

Guidance

The Commissioner has issued guidance regarding the time limits on carrying out internal reviews. The Commissioner considers that a reasonable time for completing an internal review is 20 working days from the date of the request for review, and in no case should the total time taken exceed 40 working days.

A full copy of this guidance is available on our website (www.ico.org.uk) under the Freedom of Information guidance section.

Enforcement

The Commissioner wants to ensure that a complainant has exhausted a public authority’s internal review procedure, but at the same time the complainant should not be unreasonably delayed in having their complaint considered under section 50.

Internal reviews are referred to in the section 45 Code of Practice, and significant or repeated unreasonable delays in dealing with internal reviews will be monitored by the Enforcement team. In some instances regulatory action may be necessary.

Our Regulatory Action Policy is available on our website here:

https://ico.org.uk/media/about-the-ico/d...

Actions

If it is the case that you have not issued an internal review decision to Mr Swift we recommend that you do so within 10 working days from the date of receipt of this letter.

If you have, in fact, already responded to Mr Swift, and believe that your response should already have been received we would recommend you contact him to confirm receipt if you have not already done so.

If you need to contact us about this complaint I can be contacted on the number below. Please quote the reference number at the top of this letter.

FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Swift,

Please find attached the Internal Review ref. IR 100012 of your Freedom of Information request 770,263. Please accept my apologies in the delay in providing this to you.

Kind Regards

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

show quoted sections

Dear FOI Advice,

I will review your response when able. At first blush, it appears to convey yet another case of Highway England completing a U-Turn, claimingto have supplied false information giving rise to a waste of my time.

However, your response does not address the false information provided by your contractor and the process by which they have arrived at defined costs i.e. the schedule they have used. By reference to my records, they have used their own schedule of rates, not defined costs i.e. not those common to TP's and HE and I anticipate you being provided these and in turn that they are provided to me.

Your response also conflicts with information provided to Courts and the contract.

Yours sincerely,

Mr P Swift

Mr P Swift left an annotation ()

I will try to explain a misunderstanding

The extract from Highways England Ref: FOI 743,153 (repeated below) is incorrect and as such should not have been sent to you.

All contractors reconcile their costs annually against their recoveries. If the proportion of traced incidents exceeds expectations an assessment would be made and the Lump Sum payment would be reduced. However, no contractor has ever been in the position where the proportion of traced claims exceeds these assessments and there are various factors for this. The main one being not all damage linked to a driver is reported by the driver.’’
The process described above did not and does not exist in the Asset Support Contracts (ASC).

It is not practical for Highways England nor our contractors to establish a precise number of damage incidents on our network and hence the proportion of incidents caused by traced and un-identified drivers. While some un-identified driver damage incidents can be obvious, many others by their nature are not and the damage to the asset may not be established until sometime after the event. Un-identified driver damage incidents tend to be those causing the least obvious damage to both our asset and also the vehicle involved as evidenced by the fact the vehicle has driven way from the scene and off the network unnoticed.

The Lump Sum in ASCs generally remains unchanged throughout the life of the contract apart from annual adjustments due to indexation and other factors (eg tendered efficiencies, etc.) or very occasionally if there is a significant change to the contract that is negotiated between the two parties requiring an adjustment to the contracted Lump Sum.

In respect to schemes work New Engineering Contract (NEC) Option C Target Price with a pain/gain share is used by Highways England in ASC’s for most scheme work.

This is not used for Green Claim repairs in the more recent Asset Support Contracts. This was a direct result in previous Manging Agent Contracts of challenge by insurers who were not prepared to accept any pain/gain approach in their payment of claims for damage repairs from negligent drivers. NEC Option E cost reimbursable (or Defined Cost plus Fee) approach is therefore used for DCP repair work.

So for clarity there is not an annual review of Lump Sums related to Green Claims in ASC. In addition, the use of pain/gain arrangement is for scheme work and is not used for Green Claim repairs and has not been used since prior to 2015.

We apologies for the error in Highways England Ref: FOI 743,153 and any resultant misunderstanding of the how the ASC worked in this respect. We trust this clarifies this aspect.

Dear FOI Advice,

Please provide elal information upon which you are relying to negate the original request (2016), the response, to include the detail about the pain/gain process and the termination of this due to insurers unwillingness to meet the costs.

Your response conveys another apology and another U-Turn, it does not address how this has arisen not does it explain the supportive comments made in 2016.

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 'Contractor Charges, Recoveries & Lump-Sum Payments for DCP Works'.

You have not addressed my request of 08/10/2019:

Please provide all information upon which you are relying to negate the original request (2016), the response, to include the detail about the pain/gain process and the termination of this due to insurers unwillingness to meet the costs.
Your response conveys another apology and another U-Turn, it does not address how this has arisen not does it explain the supportive comments made in 2016.

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]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.

 

To help us improve our service please click [5]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 |
[6]https://www.gov.uk/government/organisati... |
[7][Highways England request email]

 

Registered in England and Wales no 9346363 | Registered Office: Bridge
House, 1 Walnut Tree Close, Guildford, Surrey GU1 4LZ 

 

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

References

Visible links
1. https://assets.publishing.service.gov.uk...
2. https://www.gov.uk/find-your-local-council
3. https://www.highwaysengland.co.uk/privacy
4. https://www.gov.uk/make-a-freedom-of-inf...
5. https://www.surveymonkey.co.uk/r/HECCC
6. https://www.gov.uk/government/organisati...
7. mailto:[Highways England request email]