It comes after the ORR in November faced a backlash over its decision to allow the popular 07:00 train to run, but carrying only staff.
The decision, which would have taken effect from mid-December, was quickly reversed after significant criticism, including from Transport Secretary Heidi Alexander.
The ORR had justified the decision by saying the service had to run empty so its slot could be used as a firebreak – a planned gap in the timetable in case of delays.
But, in a letter to the chair of Parliament’s Transport Committee, Ruth Cadbury, Larkinson said the facts which later came to light meant the slot could no longer be considered an effective firebreak.
Larkinson said the ORR team assessing the application didn’t ask Avanti for further information, which would have made the points clear.
He said if the ORR team had contacted Avanti, its decision “may have been different, but they were stretched and trying to close out multiple interacting decisions”.
He added that the ORR was dealing at the time with 82 “complex and competing” applications for track access.
