Letter from DB Schenker
| Date | 02 July 2010 |
| Section | DBS Regulation 29 appeal regarding access to the Port of Felixstowe |
10BI
SCHENKER
DB Sche nker Rail (UK) Limited
Kara Johnson 2"" Floor
Executive, Track Access McBeath Ho use
310 Goswell Road
Office of Rail Regulation London EC 1V 7LW
1 Kemble Street
London WC2B 4AN Telep hone: +44 (0)870 140 7010
Fax: +44 (0)
2078338449
2 July 2010 Mobile : +44 (0)7801 905240
nigel.oatway@ dbschenker.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 writing with regard to matters raised within the letter of Hutchison Ports (UK) ('HPUK')
dated 14 June 2010 . Having considered HPUK's representations, DB Schen ker Rail (UK)
Limited ('DB Schenker') wishes to make a number of remarks (set out in this letter ) in
clarification of its position. However, it should be noted that these remarks are made without the
benefit of seeing a copy of HPUK's 3 June 2010 letter to ORR , which is referred to in a number
of places throughout HPUK's representations.
Grounds
of
DB
Schenker
's
appeal
1.1. DB Schenker refutes HPUK's assertion that in responding to ORR's request to provide a
written statement of the specific grounds of its appeal, DB Schenker has gone considerabl y
beyond that request and has sought to recast and widen the grounds that were originally
contained in its appeal document dated 22 January 2010 (the matters addressed at paragraphs
1.1(b) and (c) of DB Schen ker's letter dated 2 June 2010 being singled out in particular).
1.2. In respect of the issue raised at paragraph 1.1(b), DB Schenker alleges that Felixstowe
Dock and Railway Company ('FORC') has previously failed to award tra in slots at the Port of
Felixstowe ('the Port') on a fair, tra nsparent, non-discriminatory and consistent basis. As was
made clear in previous correspondence (including DB Schenker's appeal dated 22 January
2010), this concerned the award of the 28th path by FORC to DB Schenker's competitor without
due compliance with previousl y published capacity allocation princip les (i.e. either the original
principles da ted 4 August 2008 or the revised principles dated 28 May 2009). DB Schenker also
made clear in its appeal document that it considered tha t up to and including the award of the
27th path into the Port, FORC had transparent arrangements in place for the allocation of
capacity. DB Schen ker, therefore, rejects any suggestion that th is is either a new matter or that
ORR is being invited by DB Schenker to review the allocat ion of capacit y at the Port since 2002.
1.3. In respect of the issue raised at paragraph 1.1(c), that FORC's capacity allocation principles
do not comply with ORR 's Guidance on Appeals under the Regulations ('the Guidan ce') and, in
particular, paragraph 1.2 1 with rega rd to identification of business opportunities, DB Schenker
again disagrees w ith HPUK's assertion. Whilst this point is not expressl y raised in t he appeal
document, DB Schenker did make clear that it considered that FORC's capacity allocation
DB Schenke r Rail (UK) Limited
Registered Office:
Lakesid e Business Park
Carolina Way
Ooncaster ON4 5PN
Registered in England and Wales
Registered No: 2938988
To continue reading
Request your trial