By way of update, a request in September 2018 for information (under FOIA) from Highways England concerning their attempts at reconciling costs of their contractors in relation to ASC contract obligations, has just been aired before a Tribunal, reference EA/2020/0338.
It is unfortunate that an appeal process can take up to 2.5 years before being heard, by which time HE will undoubtedly have decided to move the goal posts further away from complying with their statutory obligations. However, rest assured, that as soon as a determination has been reached, we will let you know the outcome. To date CMA have been successful at extracting actual costs and average cost calculations for damage to Crown property claims (DCP) as paid by Highways England to their contractors, which we utilise in adjusting claims as presented to Third Parties – drivers, fleets, hauliers or their insurers. Read more here