210620 FoIA to TfL re Pricing

22/07/2021 to TfL:

Regarding my IR.  I ask to be provided the damage to property rates (however they are described). Such rates, those for repairs, are not commercially sensitive.  The request supersedes those to which TfL has referred.  This request should be considered in relation to the more recent (04/2021) decision EA/2019/0390 that saw rates disclosed i.e., they are not commercially sensitive.

Furthermore, TfL’s description ‘term contract rates’ is relatively new to me, being used by you 07/07/201 in the above thread.  Specifically, I asked:

‘Where damage is caused to ‘street furniture’ all costs up to a repair value of £10k are included in the annual lump sum price. The contractor can seek reimbursement from a third party, the rates for recovery are not included within the contract. It therefore appears any and all sub-£10k claims are attended to by the contractor, you are not billed. Please explain the process for above £10k; 1. how is a claim compiled, using what rates?’

You responded:

  • The claim would be compiled primarily using the term contract rates’ adding ‘The term contract rates are adjusted annually for inflation’.

I am seeking the ‘Term Contract Rates’ (TCR), the rates used to bill you for above threshold claims following damage to the highway or street furniture following a collision, spill or fire.

Whilst you may not hold Kier’s Schedule of Rates (the ‘KSoR’) for sub-£10k (threshold) claims, they are available here: https://www.englandhighways.co.uk/dcp-claims-and-the-kier-schedule-of-rates/

It is a matter for you whether you wish to cross reference the KSoR Kier charge drivers, fleets, hauliers, or their insurers (Third Parties) sub-£10,000 with the TCR.  I am however concerned that you are preventing me from doing so.

Should you undertake such a cross-referencing exercise:

  1. Please confirm whether the KSoR and TCR are the same

If you do not wish to cross reference KSoR and TCR:

  1. please provide me with the TCR and I will do so.

I simply wish to confirm that the rates being charged to a Third party are the rates being charged to TfL as it would be odd if a Third Party were liable to Highways England for the damage in one sum if sued by an Authority itself and in a different sum if sued by that Authority via their contractor.  This is reflected in the judgement of HHJ Godsmark https://www.englandhighways.co.uk/15-02-2018-derby-county-court-bbmm-for-highways-england/

However, at present, it appears this is what is happening; lower rates to TfL, higher rates to a Third party.  I feel sure you would not wish to see such abuse of road users, or their insurers, being progressed in your name and would welcome an open handed approach to either confirming such conduct is not occurring or, if it is, putting an end to it.

I await the information requested which, as you will understand, can be limited to the TCR, year on year.

I have not previously specifically sought the TCR, the TCR have not been supplied.  The issue clearly affects many parties and the seriousness of the issues can be understood by the decision EA/2018/0088 https://www.englandhighways.co.uk/13-12-2018-tribunal-decision-ea-2018-0088-vexatious/

Please do not assume I am seeking information in relation to sub-£10k claims.  The request is specifically about above threshold matters.

I trust the above clarification is of assistance and enables the prompt release of information.

Yours,

 


Dear Transport for London,

Further to FOI-0476-2122 https://www.whatdotheyknow.com/request/k…

I acknowledge that my references in 2, 3 and 4 may not use your exact phraseology however, I beleive you understand what I am seeking:

1. the above £10,000 rates utilised by Kier to bill TfL when billing drivers, fleets, hauliers or their insurers (Third parties) for attendance upon incidents giving rise to damage to your roads or ‘street furniture’ and for subsequent repairs.

If you still consider the rates you are charged to be ‘commercially sensitive’ which I do not beleive to be the case following more recent decisions than those you are citing, I ask you to:

2. confirm whether the rates TfL are charged are identical, more or less than, the rates Kier Highways charge Third Parties and which they have disclosed; the ‘KSoR’ appear here: https://www.englandhighways.co.uk/dcp-cl…

3. Assuming you have made enquiries of the situation, if the rates charged are more to Third parties, what action have you taken to prevent this?

I am aware , where damage is caused to ‘street furniture’ all costs up to a repair value of £10k are included in the annual lump sum price.

4. Please advise what amount within the annual lump sum price is allocated to damage caused to street furniture and how this figure was arrived at for the current and immediately preceding year.

I am seeking to understand whether there is one (high) set of rates charged by Kier to Third Parties and another (low) set of rates, for the same works, charged to TfL. It appears likely this is the case and I wish to be provided your attempts to have this ‘odd’ situation addressed.

If precisely what I am seeking remains unclear, please do not hesitate to return to me.