Freightliner Heavy Haul response to Network Rail's representations
| Date | 12 March 2010 |
| Section | Freightliner Heavy Haul Limited Regulation 29 appeal regarding rolling stock charging |
Your Ref:
David Wearing
Our Ref:
Track Access Executive
Office of Rail Regulation
One Kemble Street
London
WC2B 4AN
03 March 2010
Freightliner Heavy Haul Limited
3rd Floor, The Podium
1 Eversholt Street
London NW1 2FL
Tel: +44 (0) 207 200 3912
Fax: +44 (0) 207 388 2592
Email: durhamL@Freightliner.co.uk
Web: www.freightliner.co.uk
Dear David
APPEAL UNDER REGULATION 29 OF THE
RAILWAYS INFRASTRUCTURE (ACCESS AND
MANAGEMENT) REGULATIONS 2005 – RESPONSE TO NETWORK RAIL’S REPRESENTATIONS
This letter forms the response by Freightliner Heavy Haul Limited (FHH) to the Network Rail
representations which were submitted to the Office of Rail Regulation (ORR) on 25th
February 2010.
FHH notes that the Network Rail representation has had input that is clearly written by a
lawyer. Unlike Network Rail FHH has no in-house lawyers and there is insufficient time in
the 2 weeks allowed for response to appoint and educate an external lawyer, therefore this
response is made without the benefit of legal advice.
Our response to the Network Rail’s representations is made below and referenced on a
paragraph by paragraph basis.
OVERVIEW
FHH responds in detail below to the procedural points made by Network Rail in respect of
this dispute. However whatever the procedural flaws of either Network Rail or FHH the
facts of the dispute are that FHH have been charged track access rates that either do not
reflect the actual weight of the wagons that were moved or the correct bogie type of the
wagons operated and are not consistent with the rates charged to other freight operators
for similar wagons.
FHH DETAILED RESPONSE
Paragraph 6.1 – CP3 variable freight access charges
The last paragraph of this section states that the Price List was imposed by means of a
Review Notice and that no objections were lodged by Freightliner to the notice. We believe
this statement to be irrelevant to Network Rail’s argument for CP3 as the wagons in
question were not included in the Price List which was incorporated in the contract.
Paragraph 7 – CP4 variable freight access charges
The last paragraph of this section states that no objections were lodged by Freightliner in
regard to the published price list for CP4.
FHH agrees that this was the case; the reason that no objections were lodged was that we
believed that loaded wagons would be charged at the loaded rate and empty wagons would
be charged at the empty rate. If this was not the case it was very misleading of Network
Rail to publish both loaded and empty rates knowing that the loaded rates was to be
applied to all movements.
RailInvest Holding Company (Reg. No. 06522978) is the ultimate parent company and controllin g entity of RailInvest Acquisitions Limited
(Reg. No. 06522985), Freightliner Group Limited (Reg. No. 05313119), Fr eightliner Acquisitions Limited (Reg. No. 05313136), Management Consortium
Bid Limited (Reg. No. 02957951), Freightliner Limited (Reg. No. 03118392), Freightliner Heavy Haul Limited (Reg. No. 3831229),
Freightliner Maintenance Limited (Reg. No. 05713164)and Freightlin er Railports Limited (Reg. No. 05928006).
Registered in England and Wales, Registered Office of all nine companies: 3rd Floor, The Podium, 1 Eversholt Street, London, NW1 2FL. Doc #
389888.01
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