200708 HE re Image Tampering

08/07/2020 – HLC case no. 26673904, my ref X01A304

IMAGE TAMPERING ALLEGATIONS

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.

Dear Sirs

It is obvious an image has been tampered with, that Highways England intends to bury the event, to dismiss the conduct.

If Kier did not alter the image, then the issue appears to rest with your Authority.  Someone made an amendment to the image, cropped it at the very least.  This is obvious and you deal only fuels suspicion. 

Noting your suggestion of approaching Kier, please provide your exchanges with them to enable me to make the appropriate approach.  I would expect these communications to be provided in the usual course of business but, failing this, I will be forced to rely upon FoIA and this should be considered a request for said information.

Your reference to ‘Court’; is not understood. To what Court proceedings are you referring?  Again, it does not appear you have grasped the issue.

I remind you I also await information relating to the incidents at the location, this too having been sought via FoIA as you have failed to supply the data despite repeated requests (read more here).

Upon receipt of the information, I will consider whether it is necessary to trouble the ICA

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