18/01/2021

England Highways

Damage to Crown Property [DCP] Claim Costs

Exaggeration, Profiteering & Fraud in the Name of Highways England

The methods used to strong-arm monies out of drivers, fleets, hauliers (or their insurers) unfortunate enough to be involved in a collision, spill or fire on our highways.  This page will be updated regularly:


  • Traffic Management 

Traffic management (TM) is required to create a safe environment in which operatives can work, intake repairs, should you bear the FULL cost of this?

Likely not.

Each month, the Authority’s contractors are paid a lump sum for various tasks, to include general maintenance, grass cutting, litter picking etc.  These and other ‘planned’ tasks are met by the lump sum award.  PLANNED is the important aspect …

In mid-2019 the Authority published a schedule of rates (the NSoRC) and these set out the costs for various repairs.  The charges appeared reasonable and were HALVED for ‘PLANNED works’ that is to say repairs undertaken in conjunction with a PLANNED event.  Why?  A reason is likely that a planned event requires Traffic Management – this has already been paid for.  We argued that TM should be removed from the NSoRC planned repair as any payment was a duplication. 

But how do you know if the repair was undertaken in conjunction with a planned event?  The answer, currently, is that you do not, the contractor, the Authority and their lawyers want you to have as little information (documentation) as possible – it will highlight anomalies, poor administration and overstatement!

But bear this in mind form Tim Reardon, the Authority’s General Counsel:

  • 163. The majority of claims we think will be constructed on the basis of planned rates …
  • …the majority of the, probably the considerable majority, significant majority of the invoices.

As most of the works will be ‘planned’, why are you being billed for Traffic Management costs the Authority has already met?