FOI request detail

LoHac contracts and inflated costs information

Request ID: FOI-1637-1819
Date published: 12 October 2018

You asked

1. Advise the definition and basis of ‘costs’. It appears that the ‘cost’ of something is just that; the base level as opposed to enhanced or uplifted by profit. 2. Explain the effect the lumpsum and ‘payment through the lump sum’ has upon Third Party, sub-threshold (under £10,000) claims. I wish to understand what costs TfL acknowledge can be sought in respect of such matter, to what costs the contract referrers. I understand proceedings are issued in the name of TfL. For example, 3. is the contractor to use the agreed (with TfL) schedule of costs and a. if so, where are these, how can a Third Party confirm the rates are correct b. if not, why not; how are drivers, fleets and insurers provided the same protection as TfL from overstatement. I am seeking the information and decision making relating to this I am seeking an internal review of your response to the above and the following may assist you to understand by request: The recovery appears to be referred to as a ‘supplement’ to the lumpsum (2.24.3) i.e. an addition or enhancement to the lumpsum. 4. Does the lumpsum provide an element of payment in respect of sub-threshold (£10,000) incidents or contribute to sub-threshold matters in any way? 5. Given there exists a calculation undertaken to establish whether the repair is below or above £10,000: 6. Is the contractor contractually required to disclose the calculation? 7. What it the basis of the re-calculation to a Third party i.e. is this by percentage enhancement, a different set of rates or other? AND I am seeking all information that: • Relates to your knowledge of same [inflating costs] • Your endorsement of the process I anticipate the information will be held either by your legal department or fraud division* following my reporting concerns. I wish to receive all information that relates to your decision not to address the issue

We answered

TfL Ref: FOI-1637-1819

Thank you for your email received by us on 18 September 2018 asking for information about LoHAC contracts.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy.

However, in accordance with the FOI Act we are refusing your request under section 14(1) of the FOI Act. Section 14(1) states that we are not obliged to comply with a request that is vexatious and, having considered the Information Commissioner’s Office guidance in respect of determining vexatious requests, we consider that this applies to your request.

Please see the attached information sheet for details of your right to appeal.

Yours sincerely

Lee Hill

Information Access Manager

FOI Case Management Team

General Counsel

Transport for London

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