Heathrow Airport Limited – representations – 5 November 2021
| Date | 05 November 2021 |
| Section | Appeals under The Access and Management Regulations |
CONFIDENTIAL
Classification: Public
Heathrow Airport Limited:
Appeal Notice, in the
timetable dispute:
HAL/TTP003
Date: 5 November 2021
Prepared by: Heathrow Airport Limited
Status: FINAL
Page 1 of 21
CONFIDENTIAL
Classification: Public
To: the Office of Rail and Road (the ORR)
To the Respondents: MTR Corporation (Crossrail) Limited (MTR)
And the Interested Parties: Heathrow Express Operating Company Limited (HEOC), Network Rail
Infrastructure Limited (Network Rail) and First Great Western Limited.
1 NOTICE OF APPEAL UNDER PART M OF THE NETWORK CODE (TTP003)
1.1 Under Condition D5.2.1 of Part D of the HAL Network Code (the Network Code), Heathrow Airport
Limited (the Appellant), referred to as HAL in this notice of appeal) is appealing the determination of the
Timetabling Panel of the Access Disputes Committee dated 27 October 2021 (the Determination) in
respect of TTP/003 on a number of grounds as described in this notice of appeal.
1.2 This notice and the attached documentary evidence constitutes HAL’s complete notice of appeal in
accordance with Co ndition M3.1.1 of Par t M of the Network Code (the Notice of Appeal).
1.3 Unless otherwise defined/stated:
(a) the terms used in this Notice of Appeal, have the meaning given to them in the Determination
unless otherwise stated; and
(b) references to paragraphs are references to paragraphs in the Determination.
1.4 The evidence in support of this Notice of Appeal comprise:
(a) a copy of the Determination; and
(b) the other Appendices.
1.5 Given the scope of HAL’s appeal, HAL has taken an inclusive approach to which documents it relies on
and has appended to this Notice of Appeal. In order to assist the ORR however, HAL would direct the
ORR to read as a priority:
(a) the Determination (Appendix 1);
(b) the MTR Sole Reference document (the first document in Appendix 2);
(c) the HAL Assessment in which HAL recorded its decision (Appendix 9 to the MTR Sole Reference);
(d) the HAL Response (the first document in Appendix 3);
(e) the amalgamated MTR Sole Reference and HAL Response exchanges of MTR and HAL in relation
to HAL’s application of the Decision Criteria (Appendix 12 to the HAL Response); and
(f) the other Appendices to this Notice of Appeal.
1.6 The facts are largely as stated in Section F of the Determination, except as disputed in paragraph 5.11
below.
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