200120 To Highways England re Areas 6, 8 & 9 Rates

20/01/2020 – following on from Highways England’s lack of response to an email of 29/12/2019

To: Tim Reardon

Subject: RE: State Enabled Exaggeration & Fraud on an Industrial Scale – Kier Highways / Areas 6, 8 & 9 Rates

Dear Sir,

I remind you that I am seeking a response to the below and would appreciate this asap, by reference to my numbering.

Kier Highways are to charge Highways England and Third Parties the same ‘defined cost’ or ‘actual rates’. Please confirm they have been instructed to do so and that they will provide the supporting correspondence you reasonably expect to accompany a claim, the TR430 correspondence.

Kier’s latest invoicing approach is likely the 7th we have seen on contracts that have one, contractually agreed, process. The current methodology appears to be exaggeration in another guise.

As of 31/10/2019, the conclusion of the NSoRC roll-out, https://highwaysengland.co.uk/thirdpartyclaims/ explains:

What happens next?

We will revert to pursuing claims based on the actual cost of carrying out the repairs and will continue to explore options for a transparent and equitable set of rates.

Having discovered, a year ago, you have no schedule of rates for any ASC, have this yet been established?

• If so, please provide a copy
• If not, what is Kier using to invoice Highway England, I would appreciate sight of this?


28/02/2020 to Highways England

Dear Sir

I have not received a response to my emails within 15 working days.

Please confirm you are treating my concerns about Kier Highways failure to comply with Appendix A to Annex 23 as a formal complaint and advise the present position with regard to same.

I understand the Parliamentary & Health Ombudsman has been advised Kier’s methodology has been addressed following introduction of the NSoRC.  However, the NSoRC ceased to operate as of 31/10/2019 and Kier’s current (7th ?) pricing methodology, which sees claims pursued in the name of Highways England, is also not consistent with the contract, does not comply with Appendix A to Annex 23.

Kier have never complied with the contract since day-one (in Area 9 at least).

Yours faithfully,

P. Swift