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Kier Highways Ltd INCIDENT RESPONSE

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Dear Highways England Company Limited,

We have been charged by Kier for INCIDENT RESPONSE and repairs. our car hit a barrier and Kier say they attended and cleared up. They have claimed for 2 staff at £73.05 for each hour and then added what seems to be overtime of half as much again.
Then there is a charge for the van they arrived in at over £30 for each hour.
According to the information on this site you pay for INCIDENT RESPONSE.
How much have you paid Kier Highways for responding to our incident?
Please see the email below from England Highways. Is their response correct?.
Yours faithfully,

Andrew Wright

From: [email address]
Sent: 07 June 2017 20:38
Subject: M6 motorway crash charge
Dear Sirs
Yours is not an unusual case. Kier Highways Ltd (KHL) are said to attend about 5,400 incidents per annum. This will have increased as, on 01/04/2017, they acquired Areas 6 & 8, ceded by Amey.
We believe KHL should charge less than £30 / hour for an AIW and about £15 / hour for their vehicle. The charge should comprise a defined cost and a TP claims overhead. We suspect the invoice you have been presented does not display the breakdown. When is it dated?
But should you be charged anything for the attendance? These AIW’s are on duty 24/7 weekdays though this is unlikely to be admitted by Kier, see:
http://www.englandhighways.co.uk/a-simpl...
It also seems they have already been paid for INCIDENT RESPONSE – see:
http://www.englandhighways.co.uk/lump-su...
this is an extract from an FoIA response on www.whatdotheyknow.com and you may wish to make your own request for explanation of the charges being presented, their makeup and why you are being charged for an aspect it appears is being paid for twice – once form the public pursue (which Highways England appear unable to protect) and again as a result of incidents such as yours.
Please feel free to send a copy of the paperwork and we will briefly review and comment asap. The charge you have detailed of £73.05 / hour is likely in Area 9 where Kier have been paid, under the lump sum arrangement:
2014/5 £9,056,051
2015/6 £12,169,864
Yours faithfully,
www.englandhighways.co.uk

Highways England, Highways England Company Limited

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Lee, Simon, Highways England Company Limited

Hello Mr Wright,

Thank you for your email. In order for us to progress your inquiry I would be grateful please if you could advise us of the location and time of this particular incident. If you have an incident number and can add any further details that would be helpful.

Many Thanks

Simon Lee
Highways England
E mail [email address]

show quoted sections

Dear Lee, Simon,

M6 Area 9. i am asking about charges not about the incident

Yours sincerely,

Andrew Wright

Mr P Swift left an annotation ()

Sir
it appears odd that HE would need to ask you where the incident was - the charge you have described is £73.05. This is only charged in Area 9. The reason for this higher charge could not be explained by Kier save that they thought it may be because Kier acquired a ‘sham’(bles?) from Amey in 07/2014.
I would expect the figure to be known to Highways England as they apparently receive information form Kier on a regular basis about all claims.

Dear Lee, Simon,

can you explain more about the difference in charges - £73 an hour for someone to attend a crash is extortionate. you seem to be saying it is different elsewhere

Yours sincerely,

Andrew Wright

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 'Kier Highways Ltd INCIDENT RESPONSE'.

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

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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Highways England, Highways England Company Limited

2 Attachments

Dear Mr Wright

 

Thank you for your email to the Highways England Customer Contact Centre
dated 06/11/2017 regarding your Freedom of Information request.

 

Your enquiry has been given the reference number 18561012, please quote
this in any future correspondence regarding this issue.

 

Your Freedom of Information request has been referred to the relevant team
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Customer Contact Centre | Advisor

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Mr P Swift left an annotation ()

Sir
the higher charge in Area 9 was (08/11/2017) stated by Kier in Court to be because the Third Party Claims Overhead in Area 9 is 25.38% ... as opposed to 20.58% used elsewhere. You will need to confirm this with Highways England who are understood to pay 7.38%.
However, the mathematics do not add up.
The charge is for an AIW and in Area 9 we have seen these charged to Highways England @ £23.71 / hour ... add 20.58% to this and you do NOT get over £70.

Mr P Swift left an annotation ()

Sir
thank you for the CBD. I believe i would help to explain to HE that this is an Area 9 claim from late 2016. Whilst they should be able to ascertain this from the charge being presented of £73.05/hr, it is not a cost that HE is presented for the AIW and it is not known what is disclosed to them. I do not wish HE's reply to be tempered by my comments and will therefore refrain from further observations at this time. good luck

Dear Highways England,

I am requesting an internal review

Yours sincerely,

Andrew Wright

Highways England, Highways England Company Limited

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Dear Highways England Company Limited,

I have not received the information. I asked for a review over a month ago.

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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Dear Highways England Company Limited,

What happened to my information and review????

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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6. mailto:[Highways England request email]

FOI Advice, Highways England Company Limited

Dear Mr Wright

Our Ref: 18561012

I refer to your request for an internal review regarding charges for attending an incident. I have investigated your query and I apologise for the delay in my response.

Your request dated 22 September 2017, asked " can you explain more about the difference in charges - £73 an hour for someone to attend a crash is extortionate. you seem to be saying it is different elsewhere"

As your query did not relate to information we held under the terms of the Freedom of Information Act, it should have been handled under our normal business practices. Unfortunately, your query was not forwarded to the appropriate team for a response. I sincerely apologise for this error and can confirm that the team who you sent your email to are reviewing their procedures.

I have asked the area team to handle your request under normal business practices and you should receive a response within 15 working days

If you feel the information supplied is not sufficient or has not been answered within the 15-day period, you may wish to complain. The complaints procedure is available via our website at: https://www.gov.uk/government/organisati...

Yours sincerely

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

show quoted sections

Dear FOI Advice,
Thank you. It did seem odd when I didn't get a reply when i got one to
https://www.whatdotheyknow.com/request/m...
I want the £105 an hour for incident response explained. I can get a van at Birmingham Airport for a day at less than the £35 an hour being charged.
According to the information on this site you pay for INCIDENT RESPONSE. Why are we being charged anything
How much have you paid Kier Highways for responding to our incident?

Yours sincerely,

Andrew Wright

From: [email address]
Sent: 10 October 2017 16:07
Subject: M6 motorway crash charge
Dear Sir,
the vehicle you have cited we have seen invoiced to Highways England at £14.66 plus 7.38%. The AIW's at £23.71 plus 7.38%.
The AIW's when charged to Highways England were not the subject of an uplift (multiplier of 1.5x).
Kier Highways Ltd will say that AIW's work 8am to 5pm - though Kier have given many varying accounts which in itself is odd - only one can be right!
That is to say, you are charged over £105/hr, Highways England less than £30 / hour.
The materials are subject to a smaller uplift and we would suggest you concentrate upon:
1. the rates
2. the uplifts
In brief, the rates you are charged should be based upon the rates Highways England are charged. To date we cannot reconcile the figures being presented and neither Kier Highways Ltd nor Highways England appear keen to assist us in this respect.
If Kier are not paying their AIW staff the uplift, why are they stating to the contrary and who is profiting (at your expense) from the additional monies?
Yours faithfully,
www.englandhighways.co.uk

FOI Advice, Highways England Company Limited

Dear Mr Wright

Thank you for your email. I will forward it onto the appropriate team who are dealing with it under normal business practices

Yours sincerely

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

show quoted sections

Dear FOI Advice,

i don't see the difference but so long as i get all the information I guess it doesn't matter

Yours sincerely,

Andrew Wright

FOI Advice, Highways England Company Limited

2 Attachments

  • Attachment

    RE Internal review of Freedom of Information request Kier Highways Ltd INCIDENT RESPONSE.txt

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  • Attachment

    RE Internal review of Freedom of Information request Kier Highways Ltd INCIDENT RESPONSE.txt

    4K Download View as HTML

Dear Mr Wright

I responded to your request for an internal review on 8 January 2018.

You responded and acknowledged my response (see attached)

As per my internal review, your request is being dealt with by the area team to which your query relates to and not as a FOI request.

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

Natalie Geraghty,

Dear Mr Wright

 

Thank you for your email to the Highways England Customer Contact Centre
in July with regards to incident charges. Your enquiry has been passed to
me to answer as Kier manages and maintains the motorways and trunk roads
across the West Midlands on behalf of Highways England.

 

I’m not able to full respond to your enquiry as there are some key details
missing. Please could you supply me with the following and I will
endeavour to answer where possible:

 

§  Claim number

§  Date of incident

§  Time of incident

§  Exact location of incident.

 

I look forward to hearing from you.

 

Kind regards

 

Natalie Geraghty

Area 9 Customer Service Plus Manager

 

Working on behalf of Highways England

 

Kier Services I Highways

[1]www.kier.co.uk

 

Connect with us I follow us on [2]LinkedIn I like us on [3]Facebook I
follow us on [4]Twitter I follow us on [5]Google+ I follow us on
[6]Instagram

Our values are enthusiastic, collaborative and forward-thinking

 

Kier Group I Registered in England No. 5606089

Registered Office: Tempsford Hall, Sandy, Bedfordshire, SG19 2BD

 

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Dear Natalie Geraghty,

I have already provided information in the history of this request months ago.

I am asking about charges not about the incident. This is an Area 9 claim from late 2016. I am after the recorded information about the charges I should incur from your records as it seems there is a procedure about charging and the costs are higher than they should be. The ICO is telling me to be change the approach. I am after the charges that you pay so I can compare them.

Yours sincerely,

Andrew Wright

Natalie Geraghty,

Good afternoon Mr Wright

Thank you for your email.

I understand what you are asking for, however in order for Kier to properly answer the enquiry, we require the information I have mentioned in my first email.

I'm sorry you don’t appear to have had a full response yet, but the details we need have not been passed to us. I have the original log of your enquiry and unfortunately they are not on there. If you are able to give me those details, I can liaise with the commercial team about what we can provide.

Kind regards

Natalie Geraghty
Customer Service Plus Manager

show quoted sections

Dear Natalie Geraghty,

I have already provided information in the history of this request months ago.

I am asking about charges at the time not about the incident. This is an Area 9 claim from late 2016. I am after the recorded information about the charges I should incur from your records as it seems there is a procedure about charging and the costs are higher than they should be. The ICO is telling me to be change the approach. I am after the charges that you pay so I can compare them. what do you pay Kier for their manpower and vehicles.

I know what I am charged cause we have the bill. What are the rates you pay and how are they different why are they different

Yours sincerely,

Andrew Wright

Natalie Geraghty,

Good morning Mr Wright

I have checked with my colleagues at Highways England and they don't have the information you have provided. I understand what you are asking for, however the Kier claims team won't look at the enquiry unless I have all the details. Every claim is unique and if I can give them the reference number, dates and location, I should be able to get the information for you relatively easily.

I look forward to hearing from you.

Kind regards,

Natalie Geraghty
Customer Service Plus Manager

show quoted sections

Dear Natalie Geraghty,

You do not understand my request. I want to know the rates you pay Kier Highways not what they charge me. I know this cause i have the paperwork. I am not asking you about my claim and what we have been charged I am asking what you are charged cause it's said it's very different. what's the difference?

Yours sincerely,

Andrew Wright

OD MIDLANDS HLC, Highways England Company Limited

2 Attachments

Dear Mr Wright

 

Thank you for your request for information under the Freedom of
Information Act.  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

Customer Contact Centre: 0300 123 5000
Web: [1]http://www.highways.gov.uk

 

 

 

 

 

 

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Mr P Swift left an annotation ()

It seems you are after the costs associated with an AIW and their vehicle. From the CBD I cannot tell who the AIW's were nor the VRM of their vehicle. But this is an Area 9 matter so the costs we see are:

£23.71 / hr AIW plus 7.38% to Highways England
£73.05 / hr to you

You will be charged an uplift for out of 'core hours', so after 5pm of a weekday 1.5x is the multiplier because Kier have told a Judge that they pay their AIW's this. Odd because this is to our understanding at Highway England would still be charged the base rate.

'commercially sensitive' is a common response but it does no appear appropriate in this instance. in 02/2016, Highways England's General Counsel provided a figure to me.

I'd suggest seek a review and if that fails, off to the ICO. in the meantime you may wish to review the info' here:
http://www.englandhighways.co.uk/subsidi...

look at every aspect of the CBD - you need to ask Highways England why you are not being charge din accordance with the contract and why, for example, if you are being charged in accordance with the contract, this is being doubled in respect of 'planning' - damned if they do, damned in they don't?

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 'Kier Highways Ltd INCIDENT RESPONSE'.

I am informed the information is not commercially sensitive and refer you to the email I have received below. I want to register and appeal and complaint.
Yours sincerely,
Andrew Wright

Dear Sir
The exemption is commonly cited by Highways England and appears intended to obstruct – to enable Kier Highways to price other than in accordance with the contract, to profiteer.
The charge of £73.05 identified this as an Area 9 matter pre-2017.
The IMF you have provided displays 2 AIW’s whose names are known to us and the uplift of 50% (1.5x multiplier) occurs because they work out of ‘core hours’ claimed to be 8am to 5pm (though to a court a further version occurred – 9am to 5pm).
On 21/06/2017, we met the now head of Green Claims for Highways England and provided evidence:
1. Of substantial uplift on the charges to Third Parties such as you – about 300% increase on what Highways England pay (approx. £25 to HE, £73 to you)
2. That Kier Highways state AIW’s work 8am to 5pm (core hours) but the documents in our possession evidence they work shifts of weekdays (24/5)
3. Highway England do not pay the multipliers being charged to Third Parties
4. That Kier Highways ‘Guide to Claims’ documents AIW’s work 8am to 5pm; is used to reinforce the application of a multiplier outside of ‘core hours’
5. That Kier Highways have advised a Court that the multipliers are what they have paid to their staff (AIW’s) for working outside ‘core hours’ but Kier staff tell us:
a. They work shifts; so why pay an uplift?
b. they are not paid the uplift
c. that overtime i.e. working over set shift hours (9 hours) results in overtime that is paid at flat rate
Note: there is a difference between core hours and overtime. It appears Kier Highways will use the terms synonymously to confuse. But:
CORE HOURS are said to be 8am to 5pm working outside of which results in an uplift. It is the time of day that dictates Kier applying an uplift. It seems that Kier simply mean ‘office hours’ and arbitrarily say outside of these they will charge more albeit they do not incur the charge.
OVERTIME is the period over and above a person’s normal working hours.
Therefore:
• IF a shift were 8am to 5pm and the operative worked over these or was called in, you would expect an overtime rate or call-out charge to be applied.

• As the operatives’ work shifts 24/5 if they attend an incident at 8pm they are working, not called in but attending to the incident during their working hours
Further information can be found here
http://www.englandhighways.co.uk/aiw-ass...
we will add to this when possible, but it appears you need to take this up with Highway England and your MP.

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

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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Mr P Swift left an annotation ()

Fyi ... more grounds for them not being commercially sensitive - some rates were disclosed by Highways England, albeit they are incorrect:

From: Tim Reardon @ Highways England  
Sent: 05 April 2016 18:26
To: Philip Swift @ CMA
Subject: Kier charges
'The current charges levied by Kier are as follows:
a) AIW staff hourly rate: £70.32
b) AOW vehicle hourly rate: £35.53
c) CO1 Standard Beam:£41.52'

please also see the ICO's Decision Notice FS50664292
https://ico.org.uk/media/action-weve-tak...

Mr P Swift left an annotation ()

The rates are NOT commercially sensitive. Please see:

http://www.englandhighways.co.uk/area-9-...

yours is an Area 9 claim – identifiable by reference to the charge of £73.05 / hour – apparently Kier Highways charge more in Area 9 because they acquired a shambles from Amey (source – Kier Highways).

The rates we previously advised 07/2017 are correct and have been corroborated by an FoIA disclosure, see:

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

the data can be used to complete the equation here using a Third Party claims overhead of about 25%:

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

when was your incident?

you appear to be overdue a reply – the ICO can be notified caseworker[@]ico.org.uk

Dear Highways England Company Limited,

See above. Rates have been given to others and I ask for them for all the items on the invoice I have been sent.

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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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 'Kier Highways Ltd INCIDENT RESPONSE'.

Rates have been given to others and I ask for them for all the items on the invoice I have been sent.

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

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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FOI Advice, Highways England Company Limited

1 Attachment

Dear Mr Wright

 

Our Reference: 762,433

 

Please find attached a response to your request for Internal Review.

 

Your sincerely

Sian Jones | Lead Information Rights Officer | Information & Technology
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Mr P Swift left an annotation ()

please see my pm.
for your & other ease of ref' I've copied the reply you received below
Dear Mr Wright
Via email

Dear Mr Wright

Re: Internal Review

Further to your email dated 19 April 2018 regarding an internal review of our response to your Freedom of information request, I have reviewed the way in which your initial request (ref 758, 556) was handled. Please accept my apologies for the delay in handling this request.

In your request dated 15 January 2018 you asked for “… the charges that you pay so I can compare them. what do you pay Kier for their manpower and vehicles.
I know what I am charged cause we have the bill. What are the rates you pay and how are they different why are they different”

In our response Highways England refused to provide the information requested in reliance on the provisions of section 43(2) of the Freedom of Information Act (2000) in that the information held in the report was commercially confidential in nature.

- NOTE - see: http://www.englandhighways.co.uk/aiw-rat.... the rates can and have been supplied.

I have reviewed the response and spoken to my colleagues and have decided that my colleagues were entitled to rely on that exemption.

To clarify Highways England does not set out to obstruct or to enable any of our Service Providers or suppliers to unjustly profit for work that is undertaken on our behalf.

- NOTE: this statement is undermined by HE's conduct.

We take such issues very seriously and always investigate and challenge our suppliers to ensure they are working to the standards Highways England requires.

- NOTE: this statement is undermined by HE's conduct

Highways England aims to be as open and transparent as is possible. However, contracts awarded to our suppliers will have elements that are commercially sensitive and any request for information must be balanced with the wider public interest and in our ability to procure and delivery the most competitive services to the highest standards of quality and safety.

It would be inappropriate to comment on individual rates for a number of reasons, this may be because of commercially sensitivity or simply being that the context of the rate may be different in the examples cited.

For example, for the service cited the Asset Incident Watchman (AIW) it is seen that in some instances Kier group both a vehicle and staff under the provision of a service of an AIW in some of their operating contracts whilst in other instances there is a separation of costs for staff, equipment and materials. Therefore the rates cited may not be comparing the same scope of service, in simple terms one AIW may be a man and a van in another it is just the man.

- NOTE - this has not prevented previous disclosure. see above link

Furthermore the principles that apply to claims pursued for below threshold and above threshold are different. For below threshold the Service Provider pursues the claim from start to conclusion whereas for above threshold claims the claim is pursued by Highways England directly and the costs as captured are in a format prescribed under the wider Contract.

NOTE - this makes no difference to the 'cost' of the repair. It may add to the admin', particularly as HE appear to rubber-stamp claims for payment, but the cost of operatives, pant and materials are a constant. Furthermore, in some areas the costs are (or should be) based on the same base rate or 'defined cost'.

As stated above, it is inappropriate to comment on individual elements in the submission by Kier out of context, particularly as it appears that they are claims that are being presented to the courts.

- NOTE: Is yours being presented to a Court? Any proceedings will be in the name of England Highways who appear to be telling you that the information you require to consider a demand is to be withheld. The use of a multiplier, for example, on an AIW because they work outside 8am to 5pm weekdays should be pursued. HE are not charge din this fashion and we understand the operatives are nto paid the uplift - though HE's witness at a Court states to the contrary.

Kier must substantiate their claim in both format and substance it must follow the principles of diminution in value by reference to the costs flowing from the negligent damage. Should they fail to substantiate their claim, their claim will be unsuccessful.

-NOTE: this is knowingly rubbish. what should occur, to an extent but it does not and HE, despite proceedings being issue din their name, do not ensure compliance. You are on your own.

In the first instance your challenge should be with Kier and on the individual claim as presented, should they fail to justify and substantiate the costs then as a loss adjustor it is right and appropriate to challenge and not settle the claim. Should Kier believe they are correct they are at liberty to refer the matter to the courts for resolution.

- NOTE: court action will be in HE's name yet they appear unconcerned, unwilling to get involved.

If you are not satisfied with the outcome of this 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

Sian Jones
Lead Information Rights Officer

Mr P Swift left an annotation ()

further to the above, the ICO's decsion can be found here:
https://ico.org.uk/media/action-weve-tak...
The information was provided by HE and possibly you woudl wish to direct Ms Jones to
Sent: 02 May 2018 16:42
Subject: ICO Decision Notice - FS50664292 - Response
Dear Mr
We attach the information requested in accordance with the Information Commissioner’s decision notice FS50664292 dated 27 March 2018
Yours sincerely
Amanda Speight, Freedom of Information Team
Highways England | Lateral | 8 City Walk | Leeds | LS11 9AT
Web: http://www.highways.gov.uk

The figures you have cited for an AIW related to Area 9 from 10/2015. The charge of £73.05 / hour does NOT accord with the process agreed between HE and Kier - see Appendix A to Annex 23. The contract states you should be charged no more than the defined cost or base rate (about £23.71 - see http://www.englandhighways.co.uk/aiw-rat...) plus percentage uplift. The defined cost should be the same to you and HE. The uplift makes the difference; to HE it is a 'fee' of about 7.3% to you it is the Third Party Claims Overhead but as of yet no one has confirmed what this was agreed at - Kier say it is somewhere between 20% and 26%.
so, £23.71 to HE should be less than £30 / hour to you ... 25% of £24 being £6 added to the £23.71 ... you get about £30.
But it is the multiplier you need to look at, the 1.5x (time and a half) charge because the AIW was working after 5pm. Kier say AIW's work 8am to 5pm, they have told a Court this when giving evidence for HE. They also said that they pay their AIW's the uplift. We understand that AIW's are not paid this sum and as we have yet to find HE paying such an uplift for out of office or 'core' hours, it appears Kier do not incur this charge. So why do Kier say to the contrary and who is getting the money?

Dear FOI Advice,
Do you monitor the annotations?
I have today received a pm referring me to http://www.englandhighways.co.uk/area-9-...
What do you know about this?
Andrew Wright

Jones, Sian, Highways England Company Limited

Dear Mr Wright

 

I can confirm Highways England does not routinely monitor annotations made
on WhatDoTheyKnow.

 

Yours sincerely

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

The annotation reads:- The figures you have cited for an AIW related to Area 9 from 10/2015. The charge of £73.05 / hour does NOT accord with the process agreed between HE and Kier - see Appendix A to Annex 23. The contract states you should be charged no more than the defined cost or base rate (about £23.71 - see http://www.englandhighways.co.uk/aiw-rat...) plus percentage uplift. The defined cost should be the same to you and HE. The uplift makes the difference; to HE it is a 'fee' of about 7.3% to you it is the Third Party Claims Overhead but as of yet no one has confirmed what this was agreed at - Kier say it is somewhere between 20% and 26%.
so, £23.71 to HE should be less than £30 / hour to you ... 25% of £24 being £6 added to the £23.71 ... you get about £30.
But it is the multiplier you need to look at, the 1.5x (time and a half) charge because the AIW was working after 5pm. Kier say AIW's work 8am to 5pm, they have told a Court this when giving evidence for HE. They also said that they pay their AIW's the uplift. We understand that AIW's are not paid this sum and as we have yet to find HE paying such an uplift for out of office or 'core' hours, it appears Kier do not incur this charge. So why do Kier say to the contrary and who is getting the money?

I have now been referred to http://www.englandhighways.co.uk/tm-prog... and the numbers on the page appear on my bill which is headed cost breakdown document.

How much are you charged for a TM Programmer and why am I charged £63.29?
Are you charged 1.5x for an AIW?
Do AIW's work shifts?
Why am I charged £73.05 for an AIW but you get them for £23.71?
What process must Kier follow when they bill me?
What is a defined cost and a claims overhead?
What is the defined cost for an AIW, their truck and planning staff?
What is the claims overhead?
Who do I challenge the bill with?
Who regulates you and your contractor?

Yours sincerely,

Andrew Wright

Mr P Swift left an annotation ()

Sir
please see pm. In brief:
£73.05 / hr for an AIW appears to be a 10/2015 to 2017 charge in Area 9.
Area 9 is an ASC (contract) with an equation by which the MAXIMUM you are to be charged is to be calculated:
1. defined cost + TP Claims Overhead (a.k.a. 'working 2. overhead') = charge (no more than).
All you need is:
defined costs
TP claims overhead
Good luck getting them ... but the figures I have seen supplied, in response to FoIA are:
£23.71 for an AIW and
25.29% TP claims overhead
Try as you might, £73.05 / hr cannot be achieved ... if you follow the rules.
I make the hourly rate about £30
As for the 1.5x uplift - do Kier pay their employees this if not, how is the multiplier justified?

Mr P Swift left an annotation ()

re pm
email you need for the ICO is casework@ico.org.uk

Dear Jones, Sian,
What costs can I have?
You are not answering my request. I told you we've have been charged cause our car hit a barrier and Kier say they attended and cleared up.
Yours sincerely,
Andrew Wright

OD MIDLANDS HLC, Highways England Company Limited

Dear Mr Wright

 

Thank you for your request for information dated 5 October 2018. We are
sorry but we are not yet able to provide you with a full response.  We
hope to be able to update you by 9 November 2018.

 

Kind regards

 

Rachel Keogh, 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]www.highwaysengland.co.uk

 

 

 

show quoted sections

OD MIDLANDS HLC, Highways England Company Limited

Dear Mr Wright

 

Thank you for your request for information which we received on 5 October
2018.

 

We are unable to provide you with our response to your request at this
time. Please accept my apologies for any inconvenience this may cause you.

 

We will continue to look into your request and will endeavour to provide
you with a response as quickly as possible.

 

Kind regards

 

 

 

Hollie Wandby, Customer Correspondence Executive

High Level Correspondence Team - Operations Midlands

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

Tel: 0300 123 5000
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Dear OD MIDLANDS HLC,

By when? You said We hope to be able to update you by 9 November 2018. What's the issue?

Yours sincerely,

Andrew Wright

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 'Kier Highways Ltd INCIDENT RESPONSE'.

I don't have 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/k...

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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OD MIDLANDS HLC, Highways England Company Limited

1 Attachment

Dear Mr Wright

Thank you for your request for information dated 5 October 2018. We are
sorry for the delay in responding to you in full. 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

Customer Contact Centre: 0300 123 5000
Web: [1]www.highwaysengland.co.uk

 

 

 

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Mr P Swift left an annotation ()

Response:
We have completed our search for the information and a copy of it is shown below.

1. How much are you charged for a TM Programmer and why am I charged £63.29?

Comparing rates is not always possible in the way you state; as there is a difference between how Highways England and the various service providers present the assessment of reasonable costs, For example, if the cost of the inspection of a scene is compressed to be expressed in the window of time on 'the scene" this will give a different "rate" to if the "rate" is the duration of the shift worked. It is not a comparison of like for like if the variables to the build-up of the rate in question are different. Due to complexity and nature of the strategic road network it is not possible for all assessment of damage to follow the same format with the same cost items, The requirement is that each claim is supported by sufficient and suitable information.

2. Are you charged 1.5x for an AIW?
There is no multiplier to the AIW rate charged to Highways England.

3. Do AIW's work shifts?
AIW working arrangements are the responsibility of the Service Provider. Highways England does not prescribe working patterns under the Asset Support Contract for Area 9,

4. Why am I charged £73.05 for an AIW but you get them for £23.71?
Please see our answer to QI.

5. What process must Kier follow when they bill me?
Where the Provider pursues a claim against a third party the contract process for the Asset Support Contract for Area 9 is as follows

The Provider issues a letter of intent to claim to the responsible third party (or their insurers).
The Provider conducts such further correspondence with the third party (or his insurers) in pursuit of the claim as is required.
When requested by the responsible third party (or their insurers as the case may be) or instructed by the Service Manager, the Provider provides the responsible third party (or their insurers as the case may be) with a calculation of Third Patty Claims Defined Costs and resulting Third Party Claims Overhead.
The Provider does not seek to claim more than the amount calculated in accordance with the contract
The Provider keeps detailed records relating to the Third Party Claims Defined Cost

6. What is a defined cost and a claims overhead?
Third Party Claims Defined Cost is a defined term set out in the Conditions of Contract, it comprises.
Repair of damage including supervision and management
Traffic management during repair
Initial response to incident, clear up and make safe
The method of assessing these costs is Defined Cost.
The Third Party Claims Overhead is also a defined term set out in the Conditions of Contract. It is defined as the amount calculated by applying the third party claims overhead percentage to the Third Party Claims Defined Cost. The Third Party Claims Overhead is a tendered percentage allowance for the Provider's overheads where he pursues a claim against a third party.

7. What is the defined cost for an AIW, their truck and planning staff?
Defined Cost is a defined term set out in the Conditions of Contract, it comprises, payments due to Subcontractors, together with costs of People, Equipment, Temporary Accommodation, Materials and Charges; less Disallowed Cost.

8. What is the claims overhead?
The Third Party Claims Overhead is also a defined term set out in the Conditions of Contract. It is defined as the amount calculated by applying the third party claims overhead percentage to the Third-Party Claims Defined Cost. The Third Party Claims Overhead is a tendered percentage allowance for the Provider's overheads where he pursues a claim against a third party.

9. Who do I challenge the bill with?
Highways England and supplier are only entitled under tort to recover reasonable costs of repair. Where the cost claimed is not considered reasonable then this should initially be raised with the caseworker. Following any review by Highways England/supplier if the costs claimed are considered are reasonable then the claim may be pursued,
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.

10. Who regulates you and your contractor?
Highways England js regulated by the Office of Rail and Road http://orr.qov.uk

Mr P Swift left an annotation ()

Please see the information and linked pages at:
http://www.englandhighways.co.uk/kier-hi...

Dear OD MIDLANDS HLC,

I’ve been sent an annotation link providing more information than you. Is the content correct? If so, I need a review of this immediately and an explanation.
I wanted how much are you charged for a TM Programmer and why am I charged £63.29? I didn’t ask if it was possible to compare. Where is my info’?
Why am I charged 1.5x if you aren’t? Either they cost this or they don’t and the info’ I’ve now got says they are not.
I’ve not asked who prescribe patterns. Do AIW’s work shifts or not? Yes or no. Seems they are 24/7.
Why am I charged £73.05 for an AIW? I didn’t ask why it was not possible to compare. I’m asking why the difference, if it’s cause there’s another comparison reason, what is it? Seems you pay the same as I should be charged. Is this true cause if so why not tell me?
What’s the defined cost for an AIW, their truck and planning staff? How much?
What’s the bit on top, the uplift.
You say the Provider does not seek to claim more than the amount calculated in accordance with the contract. What bit of the contract, where can I find this? I’ve got an email that says

I’ve annotated your request and supplied a link to http://www.englandhighways.co.uk/kier-hi... and tried to deal with what you sent me, the figures. They are well known to us. The figures you have cited for an AIW of £73.05 / hour related to Area 9 from 10/2015. The charge of £73.05 / hour does NOT accord with the process agreed between HE and Kier - see Appendix A to Annex 23. The contract states you should be charged no more than the defined cost or base rate (about £24 plus percentage uplift.
It appears every invoice issued to people in Area 9 (West Midlands) is exaggerated.
We are told, as is a Judge, that the cost to you and HE is the same, the base rate or defined cost is identical, it is the uplift that differs. The defined cost should be the same to you and HE. It is the uplift which makes the difference; to HE it is a 'fee' of about 7.3% to you it is the Third Party Claims Overhead and 25.29%. I don’t know why you have not been told this as the information is out there and I’ve linked to it – see above link.
Do the math’ the difference to you and HE is 25.29% - 7.3% so about 18%. But the reality is, you’re charged an uplift of an bout 200%. £24/hr to HE should be less than £30 / hour to you ... 25% of £24 being £6 added to the £23.71 ... you get about £30.

But it is the multiplier you need to look at, the 1.5x (time and a half) charge because the AIW was working after 5pm. Kier say AIW's work 8am to 5pm, they have told a Court this when giving evidence for HE. They also said that they pay their AIW's the uplift. We understand that AIW's are not paid this sum and as we have yet to find HE paying such an uplift for out of office or 'core' hours, it appears Kier do not incur this charge. So why do Kier say to the contrary and who is getting the money?

Is the annotation true? Seems you need to tell me the defined cost of an AIW in 10/2015 and the overhead they can add. What are they?
If they don’t add up to £73.05 why not and what are you going to do about it?

Yours sincerely,

Andrew Wright

Mr P Swift left an annotation ()

the following may be of interest as it addresses the ability to compare information and undermines Highways England's response:
10/05/2018, having noted that the claim presentation to Highways England in Area 3 was very similar to that used to Third Parties throughout England I wrote to Highways England :
"Could someone please speak to Kier Highways Ltd (kier) and instruct them to present claims to third parties (TP’s) in the same format as attached i.e. to HE (Highways England); using the ‘defined costs’ (base rates) and identified uplift.
The response 17/04/2018:
"We asked Kier to use this format because we believe it is more clearly laid out and easier for insurers to understand than the format they used to use. Area 3 always uses this format for costs now."
This is agreed. BUT ... the difference is that Highways England see the separation of the 'defined cost' and 'fee' uplift. Third Parties are kept from this - it appears this is to prevent them understanding the process and that the contracted process is not being complied with.
However, it is evident there is a simple means by which to compare rates - it's simply that no one wants you (anyone) to see it. Why?

FOI Advice, Highways England Company Limited

Dear Mr Wright

                                                                                                

Thank you for your request for an Internal review. I am dealing with it
under the terms of the Freedom of Information Act 2000.

 

I have forwarded your request to the area business team to review. We aim
to issue a response no later than 18th December 2018 if for any reason
this changes we will advise you accordingly in advance.

 

If you have any queries about this letter, please contact our team. Please
remember to quote reference number 767,597 in any future communications.

 

Yours sincerely

 

 

Andrea Bartlett

FOI Administrator | IT Directorate

Highways England | Woodlands | Manton Lane | Bedford | MK41 7LW

 

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

 

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Dear FOI Advice,
I'm getting more info from this site than you. Read the posts. Are they true????

the following may be of interest as it addresses the ability to compare information and undermines Highways England's response:
10/05/2018, having noted that the claim presentation to Highways England in Area 3 was very similar to that used to Third Parties throughout England I wrote to Highways England :
"Could someone please speak to Kier Highways Ltd (kier) and instruct them to present claims to third parties (TP’s) in the same format as attached i.e. to HE (Highways England); using the ‘defined costs’ (base rates) and identified uplift.
The response 17/04/2018:
"We asked Kier to use this format because we believe it is more clearly laid out and easier for insurers to understand than the format they used to use. Area 3 always uses this format for costs now."
This is agreed. BUT ... the difference is that Highways England see the separation of the 'defined cost' and 'fee' uplift. Third Parties are kept from this - it appears this is to prevent them understanding the process and that the contracted process is not being complied with.
However, it is evident there is a simple means by which to compare rates - it's simply that no one wants you (anyone) to see it. Why?

Yours sincerely,

Andrew Wright

FOI Advice, Highways England Company Limited

Dear Mr Wright

I cannot comment on posts made by individuals outside of Highways England.

Yours sincerely
Sian Jones | Lead Information Rights Officer | Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Tel: +44 (0) 300 4705240
Web: http://highwaysengland.co.uk
GTN: 0300 470 5240

show quoted sections

Dear FOI Advice,
I get some answers such as here
https://www.whatdotheyknow.com/request/d...
but nothing from you.

Yours sincerely,

Andrew Wright

Mr P Swift left an annotation ()

this relates to the claim made against you:
http://www.englandhighways.co.uk/kier-hi...
you (anyone with a claim presented to them in Area 9 since 07/2014) need to ascertain:

1. is Appendix A to Annex 23 relevant to your claim
2. the defined cost of each element
3. the TP Claims overhead
4. Do operatives work shifts and if so
5. are they paid the uplift, the 1.5x multiplier

the answers, from my understanding, are:
1. Yes
2. an AIW, for example, is £23.71
3.25.29%
4. Yes
5. No

re '2' the defined cost is said to be the same to Highways England and Third Parties. You may wish to satisfy yourself of this by asking:

6. are the 'Defined Costs' to Highways England and Third Parties the same?

Based on the figures at 2 & 3 above, it is not possible to reach the sum claimed from you of £73.05 / hour for an AIW to which a 1.5x uplift is applied because the claim is after 5pm of a weekday. The total claimed from you is £73.05 x 1.5 i.e. over £100 / hour. If the contract were complied with, it would be about £30 / hour.

Highways England are a Public Authority, they work for you i.e. you can expect answers. Do not expect them - 4 years of contract non-compliance under the nose of Highways England ...

Dear FOI Advice,
Im sending this to House of Commons, London, SW1A 0AA richard.harrington.mp[@]parliament.uk

1. is Appendix A to Annex 23 relevant to my late 2015 Area 9 claim. Whats
2. the defined cost of each element
3. the TP Claims overhead
4. Do operatives work shifts and if so
5. are they paid the uplift, the 1.5x multiplier

How do you get to a rate of £73.05 an hour from the figures on this site. Are they right cause if so I was an explanation.

Yours sincerely,

Andrew Wright

Mr P Swift left an annotation ()

Rates are not commercially sensitive. Tribunal Decision EA/2018/0104 ICO 02/04/2018.
you need to ask for the DCP Rates.
see:
http://www.englandhighways.co.uk/area-10...
I sought ‘DCP Rates’[1]
HE described these as ‘commercially sensitive’
I appealed
HE upheld their decision
I appealed to the ICO
The ICO supported HE
I presented the matter to a tribunal
Highways England gave evidence that ‘DCP Rates’ are:
Different to bid rates, pre-planned works fees and / or target prices.
NOT commercially sensitive
The Tribunal found:
‘bid rates, pre-planned works fees and / or target prices’ were commercially sensitive.
DCP Rates are not commercially sensitive

Dear FOI Advice,

Send me the defined costs and Overhead for the end of 2015 in Area 9.

Yours sincerely,

Andrew Wright

OD MIDLANDS HLC, Highways England Company Limited

Dear Mr Wright

 

Thank you for your request for information which we received on 20
November 2018.

 

We are unable to provide you with our response to your request at this
time. Please accept my apologies for any inconvenience this may cause you.

 

We will continue to look into your request and will endeavour to provide
you with a response as quickly as possible.

 

Kind regards

 

 

 

Hollie Wandby, 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]www.highwaysengland.co.uk

 

 

 

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
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OD MIDLANDS HLC, Highways England Company Limited

1 Attachment

 

Dear Andrew Wright

Thank you for your request for information dated 7 December 2018.  Please
find attached a response from Green Claims Team.

 

Kind regards

 

 

Rachel Keogh, Customer Correspondence Executive

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

Web: [1]www.highwaysengland.co.uk

 

 

 

show quoted sections

Dear OD MIDLANDS HLC,

Send me the defined costs and Overhead for the end of 2015 in Area 9. Its the pounds I want.

Yours sincerely,

Andrew Wright

Mr P Swift left an annotation ()

The pm sent contains 2 attachments, neither are the one on the last HE message of this thread. Is this the same request or another it is mentioned in the Authority response?
I have written with the documents you sent here:
http://www.englandhighways.co.uk/foia-re...
You will find the info' you are after at the above link I believe, but not why £73.05 is charged.
It makes no sense that you are not provided the Defined Costs and TP Claims Overhead - they've been released already.

Dear OD MIDLANDS HLC,

So why havnt you given me me it when youve given others?

Yours sincerely,

Andrew Wright

Dear OD MIDLANDS HLC,

The costs arent there.

Yours sincerely,

Andrew Wright

In your request you said:
Send me the defined costs and Overhead for the end of 2015 in Area 9
I can confirm that we do hold the information. Under Section 21 of the Act, we are not
required to provide information, which is already reasonably accessible to you. The
information you requested is available via this link
https://data.gov.uk/data/contracts-finde...
The information we hold about Defined Costs is the defined term in the contract as is
the third party overhead.
Defined Costs.
 Go to section titled Documents
 Click on T&C’s Conditions of Contract Rev5.doc
 Go to condition of Contract see section 11 ‘Identified and defined costs’
 See Sub section 131 ‘Third Party Claims Defined Costs’
Overheads
 Go to section titled Documents
 Click on T&C’s Conditions of Contract Rev5.doc
 Go to condition of Contract see section 11 ‘Identified and defined costs’
 See Sub section 132 ‘Third Party Claims Overheads’

OD MIDLANDS HLC, Highways England Company Limited

 

Dear Andrew Wright

 

Thank you for your request for information dated 10 January 2019 which we
are dealing with under the terms of the Freedom of Information Act 2000.

 

The due date for issuing a full response to you is 7 February 2018.

 

If you have any queries about this email please contact me. Please
remember to quote the reference number, shown in the subject line of this
email, in any future communications.

 

Yours sincerely

 

Rachel Keogh, Customer Correspondence Executive

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

Web: [1]www.highwaysengland.co.uk

 

 

 

show quoted sections

OD MIDLANDS HLC, Highways England Company Limited

Dear

 

Thank you for your request for information dated 11 January 2019 which we
are dealing with under the terms of the Freedom of Information Act 2000.

 

The due date for issuing a full response to you is 8 February 2019.

 

If you have any queries about this email please contact me. Please
remember to quote the reference number, shown in the subject line of this
email, in any future communications.

 

Yours sincerely

 

Rachel Keogh, Customer Correspondence Executive

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

Web: [1]www.highwaysengland.co.uk

 

 

 

show quoted sections

OD MIDLANDS HLC, Highways England Company Limited

1 Attachment

Dear Andrew Wright

 

Thank you for your request for information dated 11 January 2019. Please
find attached a response from Green Claims Team.

 

Kind regards

 

Rachel Keogh, Customer Correspondence Executive

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

Web: [1]www.highwaysengland.co.uk

 

 

 

From: OD MIDLANDS HLC
Sent: 21 January 2019 17:35
To: '[FOI #416585 email]'
Subject: Highways England - FOI 768 542 - Acknowledgement of request

 

Dear Andrew Wright

 

Thank you for your request for information dated 11 January 2019 which we
are dealing with under the terms of the Freedom of Information Act 2000.

 

The due date for issuing a full response to you is 8 February 2019.

 

If you have any queries about this email please contact me. Please
remember to quote the reference number, shown in the subject line of this
email, in any future communications.

 

Yours sincerely

 

Rachel Keogh, Customer Correspondence Executive

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

Web: [2]www.highwaysengland.co.uk

 

 

 

show quoted sections

OD MIDLANDS HLC, Highways England Company Limited

1 Attachment

Dear Mr Wright

 

Thank you for your request for information, which we received on 20
November 2018, following our response of 14 November 2018, ref 766514.
Your request has been dealt with under the terms of the Freedom of
Information Act 2000.

 

Please find attached our response.

 

Kind regards

 

 

Hollie Wandby, 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]www.highwaysengland.co.uk

 

 

 

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 

 

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OD MIDLANDS HLC, Highways England Company Limited

 

Dear Andrew Wright

 

Thank you for your request for information dated 19 January 2019 which we
are dealing with under the terms of the Freedom of Information Act 2000.

 

The due date for issuing a full response to you is 18 February 2019.

 

If you have any queries about this email please contact us. Please
remember to quote the reference number, shown in the subject line of this
email, in any future communications.

 

Yours sincerely

 

 

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

Web: [1]www.highwaysengland.co.uk

 

 

 

 

show quoted sections

OD MIDLANDS HLC, Highways England Company Limited

1 Attachment

Dear Andrew Wright

Thank you for your request for information dated 19 January 2019. Please
find attached a letter from Green Claims Team.

 

Kind regards

 

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

Web: [1]www.highwaysengland.co.uk

 

 

 

show quoted sections

Harrison, James, Highways England Company Limited

1 Attachment

Andrew

 

Please find the attached response to your FOI query of the 10 January
2019.

 

 

James Harrison, Team Administrator FBS Green Claims
Highways England | The Cube | 199 Wharfside Street | Birmingham | B1 1RN
Tel: +44 (0) 300 470 3051
Web: [1]https://highwaysengland.co.uk
GTN: 0300 470 3051

 

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 |
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Dear Harrison, James,

Send me the defined costs and Overhead for the end of 2015 in Area 9
You said you hold the information but is was not where u said.
What r the figures?

Yours sincerely,

Andrew Wright

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 'Kier Highways Ltd INCIDENT RESPONSE'.

You've not sent the figures.

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

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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FOI Advice, Highways England Company Limited

Dear Mr Wright,

Thank you for your e-mail dated the 8 February 2019 asking for an internal review of how Highways England (HE) have handled your FOI request. However, before I can proceed I require some clarification from you to ensure that our response is accurate.

You have directed us to the history of your correspondence with HE at Whatdotheyknow.com where the correspondence chain is titled Kier Highways Ltd INCIDENT RESPONSE. Unfortunately this chain of correspondence encompasses numerous FOI requests and at present I am unsure as to which of these requests you wish to have reviewed. I have listed the request reference numbers below, please can you tell me which request it is you seek a review of on this occasion.

1) FOI Ref. 758,556 for request submitted on 15 January 2018 (please note that you requested a review of the HE response to this request on 19 April 2018, this was provided under Ref. 762,433)
2) FOI Ref. 766,514 for a request submitted on 5 October 2018
3) FOI Ref. 767,597 for a request submitted on 20 November 2018
4) FOI Ref. 767,897 for a request submitted on 7 December 2018
5) FOI Ref. 768,504 for a request submitted on 10 January 2019
6) FOI Ref. 768,542 for a request submitted on 11 January 2019
7) FOI Ref. 768,764 for a request submitted on 19 January 2019

As mentioned above please can you confirm which FOI reference it is that you seek a review of on this occasion. Once you have confirmed this I can proceed appropriately.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Tel: +44 (0) 300 4701536
Web: http://highwaysengland.co.uk

show quoted sections

Dear FOI Advice,
FOI 768 504
They says there's no costs but i read there is. http://www.englandhighways.co.uk/defined...
Yours sincerely,
Andrew Wright

Dear FOI Advice,

The definition of ‘defined cost’ is set out in the various contracts. This is applied to
below and above threshold claims.

So you're tellin me that on any given day the defined cost of every item charged could differ and that this process is used by Kier to bill me and you.

How d'you work this out and how can I possibly hope to know what I am charged on the date is right. It don't make sense. So what charges do they use for me. On the day it happened, on the day they did the repairs. On the day they bill me?

I got billed a rate of £73.05 for AIW 2015 what was the most you got charged and on what date.

Yours sincerely,

Andrew Wright

FOI Advice, Highways England Company Limited

Dear Mr Wright,

You e-mail below appears refers to an answer provided to you in response under FOI Ref: 767,597. Are you requiring an Internal Review of this response in addition to the Internal Review you have requested for 768,504?

As a side note in future correspondence can you please to quote the FOI reference number that you wish to discuss or make it clear that you are submitting a new FOI. This aids clarity and will allow us to direct and/or respond to your query more appropriately.

Kind Regards

Jonathan Drysdale
Freedom of Information Officer (HE)
Information & Technology
Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD
Tel: +44 (0) 300 4701536
Web: http://highwaysengland.co.uk

show quoted sections

FOI Advice, Highways England Company Limited

2 Attachments

Dear Mr Wright,

 

Please find attached the internal review reference: 769,307 of your
Freedom of Information request reference: 768,504.

 

Kind Regards

 

Jonathan Drysdale

Freedom of Information Officer (HE)

Information & Technology

Highways England | Piccadilly Gate | Store Street | Manchester | M1 2WD

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Mr P Swift left an annotation ()

I have posted the response you received below. As your interest appears to be costs and comparisons, you may wish to view:
http://www.englandhighways.co.uk/balfour...
this is not an exact comparison but it will give you a feel for the rates a Public Authority is charged:
a. An Operative – road worker – £11.65 per hour
b. a 2.5T van – £3.53 per hour
Kier will likely be charging you
£60+/hr - £90 after 5pm for an operative
£35+/hr for a van
As for there being no schedule of costs in Area 9, this flies in the face of what we have been advised for years and begs the question how can HE check the bills they are receiving from Kier and ensure they are priced correctly if there is no schedule?
I do not accept you are being provided correct information.
In 07/2018 an FoIA employee at HE made a statement of truth that between 2013 and 2018 HE had received 175 requests and reviews related to 'rates'. HE initially stated these rates were commercially sensitive - clearly they knew what was being requested, they refer to DCP (damage to Crown Property) as opposed to rates for pre-planned works. They supported these 'commercially sensitive' exemptions by undertaking PIT (public interest tests) ... of what? Just what did they review? According to the reply you have received, there was nothing to review! see: http://www.englandhighways.co.uk/defined.... Their contractors also objected to the release ... of DCP Rates. Odd ... they do not exist! Those who persisted had their requests labelled 'vexatious'. I question who is the vexatious party - those seeking rates that should reasonably exist and are obstructed or those who now claim that they do not exist and could have conveyed this (if true) 175 requests / reviews ago?
Is it coincidence that the rates you are after existed and were reviewed pre-11/2018 then, when an HE employee said to Tribunal they are not commercially sensitive, subsequent requests were blocked by HE claiming they do not exist? HE could have saved themselves a lot of time if they had said this 5 years ago ...

Dear Mr Wright

Internal Review

Further to your email dated 27 February 2019 regarding an internal review of our response to your request under the Freedom of Information Act, it has been passed to me to conduct an internal review of the way in which your request (ref 768,504) was handled.

In your e-mail dated 10 January 2019 you asked:

Send me the defined costs and Overhead for the end of 2015 in Area 9. Its the pounds I want.

On 31 January 2019 Highways England provided the following response:

We have completed our search for the information and I can confirm that:

Send me the defined costs and Overhead for the end of 2015 in Area 9
The defined cost and overhead was previously provided in our response to you dated 7 January 2019 (FOI 767 897), by reference to contractual definitions.

It’s the pounds I want
We do not hold this information. The term ‘Defined Cost’ refers to the definition in the contract as previously provided. The contract does not contain a schedule of Defined Costs. The Defined Cost for each incident is calculated in accordance with the definition.
[The overhead is not applied according to a schedule of rates. The overhead is calculated in accordance with the definition, as previously provided.]

For clarity I will review each response in turn but first allow me to address a point from your e-mail on 27 February 2019 where I note that you refer to a third-party article suggesting the costs do exist. Please note that an internal review is conducted into the handling of a request relating to information held (or not held) by the public authority in question and the scope of any internal review does not extend to information or opinion held by third parties and as such I am unable to comment further on the annotation received from the third party. Therefore, I have reviewed the response provided to you by Highways England based upon the information that is held/not held by the company.

The request to be sent the defined cost and overhead was answered explaining that this information was provided in response to one of your previous requests (767,897) which was sent to you on 7 January 2019. This response to 767,897 explained what information is held by Highways England about in relation to Defined Costs and Overheads which is the term defined in the contact. Links to the contract and the locations within the contracts where the terms are defined were also provided. However, when attempting to review the information provided in the link in 767,897 it became clear that the link was not working, please accept my apologies for this. I have therefore included (attached to e-mail) the Area 9 ASC and set out below where the Defined Cost and Third Party Overhead information can be found within the document. This is the same information that was supplied in link in 767,897.

Defined Costs
See attachment
Navigate to pages numbered 5,6
See item (31) Defined Costs definition
In relation to Third Party Claims Defined Cost please see page numbered 20 and item (131)

Overheads
See attachment
Navigate to page numbered 20
See item (132) Third Party Claims Overhead

Regarding your question of it’s the pounds I want this was answered explaining that this information is not held by Highways England and goes on to provide an explanation of what the term ‘Defined Costs’ refers to and that the contract does not contain a schedule of defined cost. The same is applicable to the term ‘Overhead’ i.e. it is calculated in accordance with the definition.

In addition to the above the team has also provided the following 2 paragraphs for extra explanation.

The Asset Support Contract in Area 9 contains Schedule of Rates for target setting purposes for large planned schemes. These are not applicable or comparable with unplanned reactive smaller scale repair work and were also confirmed as commercially sensitive by the First Tier Tribunal in November 2018. For clarity, these schedule of rates are not used to work out the Defined Cost or for assessing the reasonable cost of repair in respect of third party claims.

Defined cost is in effect the actual costs of an individual repair. Each case is treated on its own merits. The cost will be in relation to emergency reactive response by contractors and their sub-contractors, for unplanned, unpredictable incidents that may occur at any time, in any location on the network and with varying impact. The work and cost involved in an emergency response is determined by the nature scale and urgency of the incident and repair. This work is thereby far less efficient than planned repair work in the contract and hence more costly.

However, with this in mind, Highways England is aware of the need to address the perceived lack of transparency around the costs of below and above threshold claims. There is a considerable amount of work been undertaken to review the end to end green claims process including engagement with service providers and insurance companies. We are aiming to publish a schedule of repair costs (SORC) for typical repairs to the infrastructure which will apply to all green claims and put in place a pilot in selected areas in April 2019.

Having reviewed the response provided by my colleagues and having located and provided the document in which should have been provided in the now broken link, I am satisfied that the original response was correct. Again please accept my apologies that the link provided to you in 767,897 did not work.

If you are not satisfied with the outcome of this 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

Jonathan Drysdale
Freedom of Information Officer

Mr P Swift left an annotation ()

Regarding your question of it’s the pounds I want this was answered explaining that this information is not held by Highways England and goes on to provide an explanation of what the term ‘Defined Costs’ refers to and that the contract does not contain a schedule of defined cost. The same is applicable to the term ‘Overhead’ i.e. it is calculated in accordance with the definition.

Note: Regarding TPCO - the answer appears incorrect – TPCO has been supplied and is set for the period of the contract – 25.29%.

The charge you mention for an AIW of £73.05 / hour was applied in Area 9 between 10/2015 and the end of 2016 i.e. for over a year. As the base cost (DCP Rate) to Highways England and you were to be the same it follows that, with TPCO a constant (25.29%) as £73.05 / hour was used for a year i.e. remained the same throughout, the DCP Rates to HE must have remined the same ergo, there is a schedule of rates held, possibly by Kier, a charge that is not affected by varying dates / time but uniform thought-out.

As for ‘The Asset Support Contract in Area 9 contains Schedule of Rates for target setting purposes for large planned schemes. These are not applicable or comparable with unplanned reactive smaller scale repair work and were also confirmed as commercially sensitive by the First Tier Tribunal in November 2018. For clarity, these schedule of rates are not used to work out the Defined Cost or for assessing the reasonable cost of repair in respect of third party claims.

It does not appear you are asking for ASC Rates, but DCP Rates – damage to Crown property. The response is a common diversion / distraction and irrelevant.

Defined cost is in effect the actual costs of an individual repair.

Defined costs is understood to be the pre-profit cost of a repair

‘Each case is treated on its own merits’ is stating the obvious.

As for ‘The cost will be in relation to emergency reactive response by contractors and their sub-contractors, for unplanned, unpredictable incidents that may occur at any time, in any location on the network and with varying impact. The work and cost involved in an emergency response is determined by the nature scale and urgency of the incident and repair. This work is thereby far less efficient than planned repair work in the contract and hence more costly. ‘

Again, this is obvious and not in dispute. You, once again, appear to be the subject of unnecessary ‘puff’ intended to give the impression consideration has bene given to your request whereas you are simply being treated dismissively.

Rates are NOT affected by ‘the nature scale and urgency of the incident and repair’. An operative will cost £25 / hour whether they are working for 1 or 10 hours. The scale of the works will determine the time associated it does NOT affect the rates.

However, with this in mind, Highways England is aware of the need to address the perceived lack of transparency around the costs of below and above threshold claims. There is a considerable amount of work been undertaken to review the end to end green claims process including engagement with service providers and insurance companies. We are aiming to publish a schedule of repair costs (SORC) for typical repairs to the infrastructure which will apply to all green claims and put in place a pilot in selected areas in April 2019.

There is no a lack of transparency, there is simply obstruction. At the date of your incident, having reviewed the CBD you sent, Highways England was being charged about £25 / hour for an AIW. You are subjected to a charge of £73.05 is an uplift of 50% because it is claimed the AIW’s work shifts and are paid those monies.

My understanding is they DO work shifts and do NOT get paid the uplift. Yours is one of 100’s if not 1,000’s where this uplift is charged but is understood NOT to be a cost to Kier. Highway England were informed of this 21/06/2017. Why was it not stopped immediately?

It appears either Highway England are using smoke and mirrors to distract or they have no clue about the processes and rates. Seemingly they have failed to monitor the process since 2014!

Lastly, note your CBD displays 'planning' costs. Why? These are addressed by the 25.29% TPCO i.e. if Kier are using the process they claim to be they are charging 25.29% uplift and doubling up on the planning by charging this separately. Profiteering?

Dear FOI Advice,

You've not answered this.

So you're tellin me that on any given day the defined cost of every item charged could differ and that this process is used by Kier to bill me and you.

How d'you work this out and how can I possibly hope to know what I am charged on the date is right. It don't make sense. So what charges do they use for me. On the day it happened, on the day they did the repairs. On the day they bill me?

I got billed a rate of £73.05 for AIW 2015 what was the most you got charged and on what date.

Yours sincerely,

Andrew Wright

Jacob Smith left an annotation ()

I'm following up on an email about there being no rates.
Did you ever get the rates? Seems they're now saying there's no such thing. Is the Highways Agency a real thing or like a hole, a place where something isn’t? Time to notify Fox Mulder and Dana Scully?

Further to your email dated 19 April 2018 regarding an internal review of our response to your Freedom of information request, I have reviewed the way in which your initial request (ref 758, 556) was handled. Please accept my apologies for the delay in handling this request.

In your request dated 15 January 2018 you asked for “… the charges that you pay so I can compare them. what do you pay Kier for their manpower and vehicles.
I know what I am charged cause we have the bill. What are the rates you pay and how are they different why are they different”

In our response Highways England refused to provide the information requested in reliance on the provisions of section 43(2) of the Freedom of Information Act (2000) in that the information held in the report was commercially confidential in nature.

I have reviewed the response and spoken to my colleagues and have decided that my colleagues were entitled to rely on that exemption.

To clarify Highways England does not set out to obstruct or to enable any of our Service Providers or suppliers to unjustly profit for work that is undertaken on our behalf. We take such issues very seriously and always investigate and challenge our suppliers to ensure they are working to the standards Highways England requires.

Highways England aims to be as open and transparent as is possible. However, contracts awarded to our suppliers will have elements that are commercially sensitive and any request for information must be balanced with the wider public interest and in our ability to procure and delivery the most competitive services to the highest standards of quality and safety.

It would be inappropriate to comment on individual rates for a number of reasons, this may be because of commercially sensitivity or simply being that the context of the rate may be different in the examples cited.

For example, for the service cited the Asset Incident Watchman (AIW) it is seen that in some instances Kier group both a vehicle and staff under the provision of a service of an AIW in some of their operating contracts whilst in other instances there is a separation of costs for staff, equipment and materials. Therefore the rates cited may not be comparing the same scope of service, in simple terms one AIW may be a man and a van in another it is just the man.

Furthermore the principles that apply to claims pursued for below threshold and above threshold are different. For below threshold the Service Provider pursues the claim from start to conclusion whereas for above threshold claims the claim is pursued by Highways England directly and the costs as captured are in a format prescribed under the wider Contract.

As stated above, it is inappropriate to comment on individual elements in the submission by Kier out of context, particularly as it appears that they are claims that are being presented to the courts.

Kier must substantiate their claim in both format and substance it must follow the principles of diminution in value by reference to the costs flowing from the negligent damage. Should they fail to substantiate their claim, their claim will be unsuccessful.

In the first instance your challenge should be with Kier and on the individual claim as presented, should they fail to justify and substantiate the costs then as a loss adjustor it is right and appropriate to challenge and not settle the claim. Should Kier believe they are correct they are at liberty to refer the matter to the courts for resolution.

No they just said commercially sensitive and wouldn't let me have them - you've posted the reply.

The highway site has this

As you note from your discussions with Jim, Highways England is working on a schedule of repair costs for typical instances of damage to the strategic road network, or DCP. This new schedule of costs, which we intend to publish on Highways England’s website in April this year, will be piloted in Areas 3, 7 and 9 with a view to national roll-out. The new schedule of costs makes no distinction between above threshold and below threshold claims. All future claims in those Areas will be taken forward on the basis of the new schedule.

In Area 9, Kier have withheld bringing new DCP claims since January this year. Those outstanding claims will be taken forward on the basis of the new schedule of repair costs.

so I've asked about this https://www.whatdotheyknow.com/request/n...

Can you find the rates they're talking bout?

Andrew Wright

Jacob Smith left an annotation ()

I'm after 6&8 but same contractor. Will let you know.

Mr P Swift left an annotation ()

The situation with regard to the Authority's contracts is as follows:
Highways England have two main maintenance contract models in use:
1. the original Asset Support Contract (ASC), which is in the process of being phased out and replaced with
2. the Asset Delivery model (AD).
In the former contract model, a schedule of rates is included.
This should be used as the basis for the calculation of costs for claims above and below the £10,000 threshold. As we have long explained, these 'base rates', DCP Rates or 'defied costs' are to be common to all claims in ASC Areas. But they are not.
Below threshold claims are presented to drivers, fleets, hauliers and insurers but they are compiled using a much higher set of rates. In Area 9, Kier Highways have not complied with the contract since day-one, 07/2014 as a cost of £millions to those unfortunate to receive one of their state-supported demands.
More here:
http://www.englandhighways.co.uk/dcp-rat...

Dear FOI Advice,

I think 20 days are up.

Yours sincerely,

Andrew Wright

Dear FOI Advice,

I've not got the information.

Yours sincerely,

Andrew Wright

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 'Kier Highways Ltd INCIDENT RESPONSE'.

Not got the info.

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

Yours faithfully,

Andrew Wright

Highways England, Highways England Company Limited

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