Claims For Costs Following Collisions The considerations and concerns
Rates that were the subject of ‘a lot of effort’ by the Authority in late 2016 and in respect of which we wrote in 2017, are finally (2019) being considered by Highways England who is attempting to introduce a ‘National Schedule of Repair Costs for Network Damage (Green Claims)‘. So far, 3 months, 3 versions! Apparently, in late 2018, it […]
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11/2018, Patrick Carney of Highways England informed a tribunal DCP Rates are not commercially sensitive thereby scuppering Highways England’s ability to rely upon the FoIA’s ‘commercial interests’ exemption. For years the Authority had kept the rates secret. Those who pressed for the information were deemed ‘vexatious’. Highways England has stated (to a Tribunal) that between 2013 and 07/2018 they received […]
Read moreWhat are Damage to Crown Property (DCP) Rates? DCP Rates, also referred to as ‘base rates’, ‘defined costs’ or notional rates’ are the cost to a Highways England contractor for the various ‘assets’ they use when attending an emergency incident (collision, fire or spill) and repairing the damage. They are the actual cost to the contractor of something: staff – […]
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The truth is out there … but do not expect to obtain it from Highways England or their contractors. When billing Third Parties (drivers, fleets, hauliers and insurers) following ‘Damage to Crown property’ (DCP) Highways England have recently made a confession; they overlooked setting costs for labour, plant and materials on numerators contracts for the past 6 or so years. […]
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Audits were not previously ‘commercially sensitive’. Is it coincidence that at a time when Highways England is doing its utmost to keep from Third Parties the rates they should have been charged for the past 6 years, they are also now withholding audit information? More, to include Audits previously released in response to FoIA requests, here.
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As demonstrated by the figures below, you are now twice as likley to suffer a fuel spill or fire on our highways. To put it another way, your are more likley to have your journey delayed due to these incidents. Litter and debris is the likely cause? FIRES: from 01/01/2017 to 31/10/2017 Highways England recorded 1477 fires from 01/01/2018 to […]
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Highways England are unable to stop lawyers acting for them issuing proceedings in the name of Highways England. Following their General Counsel’s confusion about whether Kier Highways Ltd could issue proceedings in their own name, Highways England issued an authority to Corclaim / Shakespeare Martineau solicitors (Kier Highways’ lawyers): 23/11/2016 – the authority can be read here. However, it became […]
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Is stating they have no Damage to Crown Property (DCP) Rates1 for repairs undertaken by their contractors, the lesser of 2 evils for Highways England? Is a (false?) confession ‘we have never been able to check the invoices but have simply paid £millions‘ better than the alternative; ‘we have the rates but let contractors charge what they want and … […]
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20/03/2019, extract from 1489 of the PA R L I A M E N T A RY D E B A T E S (HANSARD) HOUSE OF LORDS 6.51 pm The Earl of Lytton (CB): ‘I have previously raised the question of the charges raised by Highways England and its contractors for remedying highway defects caused by vehicle accidents on highways. I will not […]
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Eventually, after years of raising concerns, Appendix A to Annex 23 surfaced (01/2017) and appears to have caused Highways England some concern, brought them to the table: 21/06/2017, we met Highways England’s new head of Green Claims Sarah Green and presented documentary evidence Kier Highways Ltd. was: not complying with the contractually agreed process by which to charge Third Parties […]
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