If Highways England is able to be reimbursed overpayments, as they have advised in a FoIA response 28/05/2021, why would they state otherwise?

We explained a claim presented at about, £7,000, paid in full by the Authority (seemingly they rubber-stamp invoices for payment – it is too expensive to check them) contained obvious errors. For example, whilst the repair was completed,  there were repair-related events charged for AFTER the works concluded.  Seemingly Amey, Highways England and their lawyers failed to note this as they demanded payment in full, charged interest and costs were ‘to be advised’.

We raised a number of anomalies with the lawyers who replied:

Simple answer is there is a full shift of TM ops and plant for 11/01/19 charged that never should have been paid as the work was completed on 09/01/19.

Due to agreements we’re unable to get that credited or adjusted. SM might have to deduct the ops and plant from the costs that are showing on the file ‘Allocation Sheet TM Crew 4 41200427’

Much the same answer as above, if the 11th is removed the times seem more realistic.

And again this is charges tied to 11/01/19 and somehow the 2 plant items have also been doubled up.

In terms of the ‘legit’ TM being 10 hours and the repairs only being 6 hours, repairs can’t begin until the TM is installed and the TM can’t be removed until the repair has been carried out, realistically the TM charges should always be higher.

In all honesty, not a clue, whatever it is very likely has nothing to do with the repair, as white collar staff AMEY are contractually allowed to ‘spread book’ and we can’t question it (I have made the same point about us not being a MAC myself and it’s just a case of “it’s white collar”).

It’s an ongoing issue & another case of having to make adjustments”

In light of the above, please provide us with your improved offer within 7 days from today. If we fail to receive the same, we are instructed to issue proceedings.

Yet when we questioned this ‘cannot obtain credits’ situation, the Authority again delayed their response (breaching FoIA), denied an inability to recover monies and could locate no ‘points’ being made. Another Highways England U-turn?  We have sought an Internal review and directed them to the specific claim to which the above refers.


Highways England Area 7: Derbyshire, Leicestershire, Rutland, Lincolnshire and Nottinghamshire in the East of England.


Related links:

26/03/2021 – Highways England have …. ‘Not A Clue!’ and … no control

FoIA request: Area 7, Amey & ‘Spread Book’ with regard to DCP Works

28/05/2021 FoIA request for information – Area 7 Cost Allocation and Overpayment Recoveries

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