200708 HE Complaint re Withheld Schedules of DCP Rates

08/07/2020 from Highways England 

In relation to the complaint in your email of 7 July at 16.13 (HLC case no. 21673917), I can provide no more information relating to the 2015 list of plant rates beyond what I set out to you in my email of 30 April. We are looking into the existence or otherwise of the document Area 9 DCP 35010.


Dear Sirs, 

HLC case no. 21673917 re Withholding & Destruction of Schedules of DCP Rates

Re: Schedule of DCP Rates – Area_3_equipment_Defined_Cost_latest_15.xls etc.

I believe you are able to provide more information relating to the 2015 list of plant rates and I await the response to my FoIA request, the relevant request can be read here.  Further comment on the situation can be read here

With regard to your email of 08/07/2020,

  • to what ‘plant’ are you referring?

My initial approach related to the ‘Area 3’ spreadsheet:

  • 28/04/2020 – I asked about Area_3_equipment_Defined_Cost_latest_15.xls.  The request can be read here.  Within 2 days you had apparently researched the matter with Kier.  You replied:
  • 30/04/2020 – You confessed Area_3_equipment_Defined_Cost_latest_15.xls is (was) a schedule of rates – full response here. 
  • 01/05/2020 _Having ascertained that the source directing me to a schedule of DCP rates, ‘Area_3_equipment_Defined_Cost_latest_15.xls’ was correct, I asked about another,  ‘Area 9 DCP 35010 costs.xlsx’. The approach can be read here

A similarly prompt reply was not forthcoming from you and rather than 2 days, more than 2 months have passed and I am without explanation.  No confirmation or denial, no suggestion this was an old spreadsheet that cannot be found.  

You state ‘we are looking into the existence or otherwise of the document Area 9 DCP 35010‘.  For the sake of clarity, the document referenced, which is linked to Cost Breakdown Documents (CBD), a workbook of rates that populates the CBD,  is ‘Area 9 DCP 35010 costs.xlsx’.

I would appreciate this schedule of DCP rates and ALL similar schedules that are used to populate the CBD’s.  There are multiple spreadsheets/workbooks yet Highways England have only ever acknowledged a schedule of ASC Rates; apparently, this ASC price list (I have never sought) is the only schedule.  Clearly, this is incorrect.

Yours,


in response to:

From: Reardon, Tim <tim.reardon@highwaysengland.co.uk>
Sent: 08 July 2020 16:27
To: Philip Swift <pswift@cmaclaims.co.uk>
Cc: Bingham, Alex <Alex.Bingham@highwaysengland.co.uk>; HLC Complaints <HLCComplaints@highwaysengland.co.uk>
Subject: Various complaints

Dear Mr Swift

Your complaints set out in your emails of 4 May 19.17, 7 July 15.24 and 7 July 16.13 have been escalated to me to reply.

The complaint in your email of 4 May (HLC case no. 26673904) relates to image tampering of photographs of damage. As Alex Bingham set out in his email, we have taken this matter up with Kier Highways and we have reported to you their reply. We have no reason to believe images have been tampered with, but it is open to you to raise the issue with Kier directly or with the judge in the relevant court proceedings. I have no further comment to make.

The complaint in your email of 7 July at 15.24 (HLC case no. 21673900) relates to Kier Highways billing for repairs and cases that are currently before the Cardiff County Court. The issues you raise may well be addressed in the hearing into the two test cases which I understand is due to take place on 17 July. We await the outcome of those proceedings which may well have a bearing on your cases. In the meantime it would be inappropriate for us to comment further.

In relation to the complaint in your email of 7 July at 16.13 (HLC case no. 21673917), I can provide no more information relating to the 2015 list of plant rates beyond what I set out to you in my email of 30 April. We are looking into the existence or otherwise of the document Area 9 DCP 35010.

We have handled your correspondence in accordance with the second stage of Highways England’s complaints process. For further details, please see here. If you are unhappy with this response you may refer the matter to the ICA.Yours sincerely

Tim Reardon

Tim Reardon
General Counsel
General Counsel Directorate
Highways England | Bridge House | 1 Walnut Tree Close | Guildford | Surrey | GU1 4LZ
Tel: 044 (0) 300 470 1224
Mob: 07525 908857 Web: www.highwaysengland.co.uk

EA Valentini Manikou Tel: 044 (0) 300 470 8335. Mob: 07907 979551
Valentini.Manikou@highwaysengland.co.uk