Heathrow Express Operating Company Limited – Notice of Appeal – 5 November 2021
| Date | 05 November 2021 |
| Section | Appeals under The Access and Management Regulations |
Heathrow Express Operating Company Limited. Registered in England and W ales co. no. 3145133.
Registered office: The Compass Centre, Nelson Road, Hounslow, Mid dlesex
Classification: Internal
Sophie Chapman
Business Lead
Heathrow Express Operating Company Limited
The Compass Centre, Nelson Road
Hounslow, Middlesex
TW6 2GW
BY E-MAIL AND COURIER
Office of Rail and Road (ORR)
25 Cabot Square
London
E14 4QZ
contact.cct@orr.gov.uk
5 November 2021
Dear Sirs / Madams
NOTICE OF APPEAL TO THE OFFICE OF RAIL & ROAD UNDER PART M OF
THE HEATHROW AIRPORT LIMITED NETWORK CODE:
ACCESS DISPUTES COMMITTEE TIMETABLING PANEL DETERMINATION –
HAL/TTP003 DATED 27 OCTOBER 2021
1. INTRODUCTION
1.1. Unless otherwise indicated, the terms used herein adopt those definitions
contained within the Heathrow Airport Limited Network Code dated 31
December 2017 (the “HAL Network Code”).
1.2. References to Conditions within this Notice of Appeal are to the Conditions of
the HAL Network Code. References to paragraph numbers in this Notice of
Appeal are to those of the Determination, unless otherwise stated.
2. NOTICE OF APPEAL
2.1. Pursuant to Condition M1.1.1 of the HAL Network Code, Heathrow Express
Operating Company Limited (herein referred to as the “Appellant”, and as
“HEOC”) requests that the Office of Rail and Road (the “ORR”) treat this letter
as HEOC’s notice of appeal issued in accordance with Condition M 3.1 (the
“Notice of Appeal”).
2.2. HEOC, as Appellant, is serving this Notice of Appeal in respect of the
determination made by the Timetabling Panel of the Access Disputes
Committee (the “ADC”) dated 27 October 2021 in respect of HAL/TTP003
(the “Determination”), raised by MTR Corporation (Crossrail) Limited
(“MTR”) against Heathrow Airport Limited (“HAL”).
2
2.3. In accordance with Part M of the HAL Network Code, HEOC has the right to
appeal as a “Dispute Party” (as defined elsewhere in the HAL Network Code),
as it is “an Involved Party which is likely to be materially affected by the
outcome of the dispute.”
2.4. The following documents are submitted as evidence in support of this Notice
of Appeal, and feature at Appendices 1 - 10:
2.4.1. ORR email of 1 November 2021 granting the extension of time (the
“Extension Email”) - Appendix 1;
2.4.2. ORR decision of 23 April 2018 - Appendix 2;
2.4.3. ADC determination of 13 October 2021 - Appendix 3;
2.4.4. Heathrow Surface Access Insights Synthesis (April 2019) – Appendix 4;
2.4.5. 1st Superbrand research extract – Appendix 5;
2.4.6. 2nd Superbrand research extract – Appendix 6;
2.4.7. Confidential and commercially sensitive – Appendix 7;
2.4.8. Confidential and commercially sensitive – Appendix 8;
2.4.9. Confidential and commercially sensitive – Appendix 9;
2.4.10. NRPS Survey – Appendix 10.
2.5. The ORR confirmed by email (10.40am 5/11/21 Emyl Lewicki to Pinsent
Masons and HEOC) that the ORR will accept information regarded as
confidential and/or commercially sensitive in the format in which the party
submitting the information prefers. The ORR also stated “ORR will request
the other parties to treat the information as confidential.” Appendices 7, 8 and
9 contain confidential and commercially sensitive information belonging to
HEOC which is being provided on the basis described above.
3. STANDING OF THE ORR
3.1. At the outset of this Notice of Appeal, we refer to the ORR’s email of 1
November 2021 (timed 17:08) [Appendix 1], in which the ORR granted
HEOC an extension in which to lodge its Notice of Appeal until 5pm on Friday
5 November 2021, further to its discretionary power at Condition M2.1.2 (the
“Extension Email”).
3.2. HEOC notes the direction given by the ORR in that Extension Email in respect
of the requirement for HEOC to make detailed representations in respect of
the implications the Determination (and any resulting appeal arising out of this
Notice of Appeal) would have for the:
3.2.1. Network Rail mainline; and / or
3.2.2. The wider rail industry,
further to the appeal decision taken by the ORR on 23 April 2018 regarding
an appeal made by Transport for London (“TfL”) on 10 November 2017 under
regulations 32 and 34 of The Railways (Access, Management and Licensing
of Railway Undertakings) Regulations 2016 (SI 2016/645) (the “ Ruling”), as
part of its Notice of Appeal [Appendix 2].
3.3. HEOC understands that this direction is given in the light of paragraphs 88 –
97 of the Ruling, which indicate that the ORR does not consider itself, as a
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