200521 Complaint Re Withholding Schedules of DCP Rates

Sent: 21 May 2020 15:12

Subject: RE: Your complaint concerning Kier Highways – State Enabled Exaggeration & Fraud on an Industrials scale

Dear Sirs

I refer to my emails below.

• Please advise by when I can anticipate a response.

I am informed that the schedule which Kier apparently advised you is ‘outdated’ is in current use and understand the schedule (possibly displaying differing figures) is associated with some of the matters on stay before Cardiff County Court.
It appears:

1. A schedule (as you refer to it) captured by my 2017 request has been withheld
2. My being told there were only ASC cost schedules associated with contracts was untrue.
3. Kier have disposed of information:

a. pertinent to ongoing Court matters, progressed in your name
b. which I believe, if only for auditing / tax purposes should be retained for 6 months years
Yours faithfully,

Copy 05/06/2020

Copy 29/06/2020

07/07/2020

Dear Sirs,

I am seeking information in relation to the schedule of rates Mr Reardon now acknowledges existed but states is no longer held.  I refer you to mine of May 2020 (below).  I continue to await a response to the further, pertinent, schedules I have identified and about which you remain tight-lipped.  By Reference to Mr Reardon’s email (attached) and that my initial approach identified a schedule of rates, it appears ‘Area 9 DCP 35010 costs.xlsx’ and similar are exactly what I require, precisely what should have been disclosed in response to previous FoIA requests, Tribunal matters and with regard to a current Appeal.

In addition to the below, it is now apparent the CBD disclosed in respect of Area 3, the subject of Tribunal Appeal No: EA/2019/0119, had formulas and / or linked workbook references removed.  I assume this was to keep me from the information I now possess; references to schedules of rates.  Clearly, at the time of my previous approaches there existed (exists) a schedule of rates for the TM ‘equipment’ and various other aspects of the pricing.

Please note the amendment to mine below; the retention period for records is 6 years, not 6 months.  I remain concerned Kier is apparently disposing of accounting data, not retaining copies of records and this information is pertinent to ongoing Court / claim matters. This disposal appears all the more inappropriate given:

  • Kier have conveyed false claim values to Highway England – overstated costs.  Neither you nor the NAO appear to have identified this – or have stood by.  Why Kier would do so remains unresolved the obvious inference is that they are profiting by the process.
  • £millions have been demanded and obtained from drivers, fleets, hauliers and insurers by exaggeration and fraud, in the name of Highways England.
  • Many ongoing claims contain an element of exaggeration and / or fraud and
  • Your Authority has stood by and permitted / enabled the conduct

The resolution appears straightforward; have Kier comply with the process they signed up to, that you kept secret and which they have never acted in accordance with – despite advising Third Parties, the Courts and us to the contrary.

Please escalate the complaint or pass to the ICA