DCP Rates Exists; the Basic Law of Logic

‘The basic law of logic is the principle of non-contradiction, namely that it is contradictory to say that something can both be and not be at the same time.’

  • 05/2018 – Patrick Carney of Highways England, having considered a request for Damage to Crown Property (DCP) Rates concludes they are commercially sensitive ergo, they exist but cannot be relased.
  • 11/2018 – Patrick Carney of Highways England, having  having considered a request for Damage to Crown Property (DCP) Rates concludes they are NOT commercially sensitive.

But the contradictions continue … because, contrary to 175 FoI requests or reviews for the rates,  the schedule is not NOT ‘commercially sensitive, a further request for them was made.  The reply:


The issue is with the Information Commissioner’s Office (ICO) who, seemingly upon reflection has identified a dilemma:

If indeed the Appellant’s request sought DCP rates as opposed to ASC contract definitions it would appear that HE’s response that such information does not exist is incorrect, as in a previous DN (decision notice), it was ruled that DCP rates do in fact exist but they are commercially sensitive

So was the appellant’s request for DCP information?  The ICO has answered this question:

It is clear from the Appellant’s Grounds that he is seeking DCP related information.

Believing there to be a schedule of DCP Rates, why would Highways England now claim that, since 2012, no tone ASC has such a schedule? More reading here:

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