I'd heavily caution people against this. The railway operators are both litigious and invested in fraud detection technology. And they love going on fishing exercises
Consistent 100% delay repay will absolutely get flagged
I wonder how this works if you intend to travel should the train be on time, but become aware of the delay (or likelihood of it) and change your plans - what counts as proof of intent?
It would be better if the law was changed so that any transport company selling a ticket is forced to refund if they couldn't fulfil their obligation, regardless of whether the ticket was used or intended to be used. Can't provide the service? Then don't sell it!
Claiming delay compensation if you don’t have intent to travel is the fraud part.
Easiest example is if you have a season ticket, but you have the day off. You weren’t going to take the train to work that day, so no intent to travel. If you claim DR, then that’s fraud for the compensation.
I didn't claim it was fraudulent, as IANAL (but I probably agree that it isn't). I should have put "fraud" in quotes as they are not too strict when claiming that. "fraud"/"abuse"/"irregularity" detection systems
It doesn't have to meet a legal definition of fraud for them to be able to shake you down either. They do plenty of fishing exercises and allegations without much of a strong case, hoping you'll pay up.
The government is very very hands off when it comes to the railway - law unto their own (except for the operators owned by the government - no escaping blame there!).
A lot of railway legislation offences are strict liability offences - ie there is no excuse and no proof of intent required. It is from there comes a lot of their bullying behaviour and a belief of what they say goes.
Consistent 100% delay repay will absolutely get flagged