Not an answer, but there used to be an 09.28 train from Bath Spa to Temple Meads that I caught now and again, which always seemed to be delayed and leave after 09.30. I tried at various times to argue that I should only have to pay an off-peak fare when it did, but I was never successful...
It really has to be on schedule because of the start of peak at the other end of the day. Imagine boarding the 16:32 Paddington to Taunton (via Swindon) then the train manager announcing - "we'll be leaving 10 minutes late because we're awaiting a driver. This will make it a peak train and I'll be coming through to collect an extra £39.60 from Swindon passengers [etc] once we get going. If you don't want to pay the extra, your next off peak train is the 18:32"
Well yes, my comment was slightly tongue in cheek, but there was a serious point within it. I went to catch that train because I needed to be in Bristol at a certain time and that was the last train that would get me there by then. The next (and off peak) service went about 15 minutes later. But what normally happened was I got to Bristol at the time that that off peak train was due to arrive, so ended up paying extra fare to miss my appointments anyway!
I didn't expect to get a refund, but just to express my frustration, especially as there was no compensation offered then.
