Network Rail Representations

SectionDecisions on new, disputed contracts (section 17)
GRAND UNION TRAINS LIMITED
Riverside Lodge, Fulford, YORK, YO19 4RB
Registered Office: Fulford Lodge, 1 Heslington Lane, Fulford, YORK, YO10 4HW
A Company registered in England & Wales No: 11408012
www.granduniontrains.com
David Reed
Senior Executive, Access and Licensing
Office of Rail and Road
Via email:
Copy:
Emyl Lewicki
Track Access Manager
Office of Rail and Road
Via email:
Gianmaria Cutrupi
Customer Manager (Aspirant Open Access Operators)
Network Rail
Via email:
4 August 2022
Dear David,
RE: Application for directions: proposed track access contract between
Network Rail Infrastructure Limited and Grand Union Trains Limited
I have attached our comprehensive response at the back of this letter to Network Rail’s
previous reply of April 2021 on an earlier application for services. The substance of this
Network Rail response is as previous, with much of the content cut and pasted. I
therefore do not intend to go through the document point by point again.
GRAND UNION TRAINS LIMITED
Riverside Lodge, Fulford, YORK, YO19 4RB
Registered Office: Fulford Lodge, 1 Heslington Lane, Fulford, YORK, YO10 4HW
A Company registered in England & Wales No: 11408012
www.granduniontrains.com
However, as noted in our previous reply, on every occasion that a ‘solution’ presents
itself, Network Rail introduces further obfuscation in an attempt to justify what is
becoming an increasingly unjustifiable position.
In its April 2021 response Network Rail stated:
On the basis of the -0.028% performance impact per additional GWR service
stated in Network Rail’s response to the previous application, it is assumed that
it would require a reduction of 11 in the quantum of GWR paths to offset the
performance impact of the eight Grand Union paths. There are 25 limited- stop
London-Bristol paths in the timetable which GWR had not yet brought in to
operation at the point Covid-19 caused significant disruption to the rail industry
in 2020. If 11 or more of these paths were not to commence operation then this
would provide a performance mitigation as described above.”
In this response Network Rail has omitted the last sentence:
“On the basis of the -0.028% performance impact per additional GWR service
stated in our response to the previous applications, it is assumed that it would
require a reduction of 14 in the quantum of GWR paths to offset the performance
impact of the ten Grand Union paths. There are 25 limited-stop London-Bristol paths
in the timetable which GWR had not yet brought in to operation at the point Covid-
19 caused significant disruption to the rail industry in 2020”.
In April 2021 Network Rail had accepted that if those [11] paths did not operate
this would provide a performance mitigation. In July 2022 it has decided that as
GWR may make some changes to the timetable it no longer regards the
performance impact as neutral despite the fact those trains are not planned to
operate.
As the ORR had noted previously, it took Network Rail until December 2020 to
undertake a performance analysis: “Network Rail’s performance analysis is more
detailed than we have received for similar applications in the past and is based

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