Virgin Trains 390104 at London Euston prior to working the 2300 to Manchester Piccadilly on September 4. RICHARD CLINNICK.

Virgin has appealed to overturn Network Rail’s (NR) decision to allow Avanti West Coast to use additional paths to Liverpool Lime Street.

The operator introduced additional services between London Euston and Lime Street in November 2024, with more added in the following month's timetable change.

Virgin, which applied to the Office of Rail and Road (ORR) to operate more than 60 daily open access services between London and destinations including Liverpool, Birmingham and Glasgow, has now claimed NR did not correctly follow Part J of the Network Code (which covers unused track paths) before allowing Avanti to start its services. The appeal has been made under Regulation 32 of the Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016.

The operator has appealed to ORR saying Avanti’s rights for the paths came into effect in December 2023 but after 13 weeks of them being unused, NR should have served a Failure to Use notice with a view for them to be surrendered, or consulted with other operators. 

Virgin said its application to use the paths for its open access plans should also have triggered the notice, saying its application was made “on the basis that Avanti had not used, nor was likely to use, those paths to operate a second hourly Liverpool service for the foreseeable future”.

Virgin said it appears NR accepted a temporary voluntary surrender without consultation, something it claims was wrong, and this precedent could lead to paths being reserved for an operator which never uses them.

“NR's approach of allowing temporary surrenders of paths without any consultation with those who could put those paths to good use is completely at odds with the requirements to make best use of the network,” the operator said.

“In addition, its interpretation of the process could enable multiple "temporary" surrenders (one after the other), resulting in the reservation of paths for an operator without them (ever) being used, and no consultation with operators who could use them.”

Virgin applied to ORR in May 2024 to run 68 daily services from London Euston to various destinations along or off the West Coast Main Line, using paths that Avanti West Coast hasn’t filled since COVID.

It wants to run an hourly service in nine hours of the day, leaving Euston at xx07 and Lime Street at xx13.

“The impact is that paths that should have been made available for other operators to bid for (from the December 2025 timetable change date) due to Avanti’s non-use have instead been protected for Avanti,” Virgin’s appeal said.

It added: “For these reasons, Virgin requests that the ORR overturns NR’s decision, as set out in the Notice, and instructs the correct application of Part J.”

Saying the wrong process was followed, Virgin continued: “NR clearly knew of Virgin’s interest in these paths and that Avanti claimed to have a current or foreseeable on-going commercial need to use the paths (by virtue of wanting only a temporary surrender).

In a statement Network Rail said it had "provided evidence to the Office Of Rail and Road on the issue of access rights and potential new services on the West Coast Main line which are aspirations from Virgin and many other train operators".

It added: "The ORR is now reviewing and considering the position."

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