DB Schenker letter clarifying grounds of appeal
| Date | 02 June 2010 |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
DB Sc henker Ra il (UK) Limited
2nd
Kara Johnson Floor
Executive,
Track
Access
McBeat h House
Office of Rail Regulation 310 Go swell Road
London EC1V 7LW
1 Kemble Street
London
WC2B
4AN Tele phone: +44 (0)870 1
407
010
Fax: +44 (0)20 7 833 8449
2 June 2010 Mobile : +44 (0)78 01 905240
nigel .oatway@db schenker.com
Dear Kara ,
APPEAL
UNDER
REGULATION
29 OF
THE
RAILWAYS
INFRASTRUCTURE
(ACCESS &
MANAGEMENT)
REGULATIONS
2005 -
ACCESS
TO
THE
PORT OF
FELlXSTOWE
WHERE
FELlXSTOWE
DOCK
AND
RAILWAY
COMPANY
IS THE SERVICE
PROVIDER
I am wr iting with regard to
your
letter dated 25 May 2010 on the above matter and , in parti cular,
ORR's request
for
DB Schenker Rail (UK) Limited ('DB Schenker') to provide a written
statement of the specific grounds of its appeal.
Int
roduct
ion
1.1. DB Schenker's appeal dated 22 January 20 10, was made under regulation 29 of the
Railwa ys Infrastructure (Access and Management) Regulations 2005 ('the Regu lations') as DB
Schenker believes it has been unfairly treated, has been discriminated against and is
aggr
ieved
over the conduct of Fel ixstowe Dock and Railway Company ('FDRC') who is the service
provider (as
def
ined in the Regulations) at the Port of Felixstowe ('the Port'), o
ver
the
arrangements in connection with the entitlements to access at the Port (granted under Part 2
and Schedule 2 of the Regulations), and in part icular with regard to the following:
(a). FDRC's refusal/failure to satisfactorily deal with DB Schenker 's request for a further
service to be accommodated at the Port;
(b).
FDRC's
previous failure to award train slots at the Port on a fair, transparent, non-
discriminatory and consistent basis;
(c). FDRC's capacity allocation principles do not comply with
ORR's
Guidance on
Appeals
under
the Regulat ions (particularly paragraph 1.21 with regard to
identification of business opportunities) ; and
(d).
the
charging arrangements and level
of
charges for access and services at the Port,
wh ich DB
Schenker
believes are not being applied on a fair, transparent and
consistent basis to the different rail freight operators using the Port.
Allocation
of
capac
it
y
2.1. By way of general bac kground to the complaints listed at points (a), (b) and (c) of
paragraph 1 abo ve, DB
Schenk
er reiterates the following :
DB
sctenke
r aen (UK) limlt&d
Rsgistsl'6d Office:
Lel:eside
Busl06SS
Park
CarolinaWs.y
Doncastar DN4 SPN
Registered In England end
Wales
Rsg
islered No: 2938988
To continue reading
Request your trial