Until 11/2018, those wishing to be provided damage to Crown property (DCP) rates used in Asset Support Contracts (ASC’s), were obstructed by use of the ‘commercially sensitive’ exemption. Persistent requests or requestors were deemed vexatious. However, when a Highways England employee (embarrassingly?) stated to a Tribunal these rates were NOT sensitive, it should have seen their disclosure. Third Parties subject to extortionate demands from the Public Authority’s contractors, would have been able to discern what they should pay and how much they have overpaid. But …
Instead, those approached or involved (post 11/2018) have acted in concert claiming there is no such thing; a schedule of DCP rates does not exist and never has … it is mythical.
Yet when the Authority’s auditor, the National Audit Office, asked Highways England about the very same rates, they were informed
‘ASCs include a schedule of rates – these should be used as the basis for the cost pack (for claims both below and above £10k)’.
There you have it:
- the schedule of rates exists
- Highways England say one thing to FoIA requestors, another to their auditor
- the rates are being withheld
For more information and detail about the above, click here.