Now this topic has been de-latched from the Spean Bridge/Malliag question, it might be worth considering some of the broader implications if the destination for delay repay is entirely the choice of the customer and that choice can be made whilst travelling and without need to communicate it in anyway to the operator.
Scenario: Let's take a request stop as an example. A train is timetabled to travel from Station A, to Station B and onto Station C. Station B is a request stop. A passenger boards at Station A with an Anytime ticket valid to Station C but resolves before the train passes through Station B that he will get off there. He opts not to tell the Guard as he is not required to do so by the NRCoT. Nobody else asks to get off at Station B so the train blasts through ultimately arriving at Station C on time. However, as the passenger missed the destination he set enroute, he changes at Station C and heads back to Station B where he arrives over 60 minutes late.
Delay Repay (Actual Destination): Delay Repay should surely be payable? The customer chose his destination and the NRCoT state he is entitled to alight there. The NRCoT do not impose any obligations on passengers for request stops. And the arguments above indicate he is not required to inform the Operator of his end destination as long as it is within the validity of his ticket.
Delay Repay (Ticketed Destination): Delay Repay would not be payable as the customer arrived at Station C, his ticketed destination, on time. The customer could of course have liaised with the Guard to exercise his right under NRCoT to terminate his journey early or break.
As can be seen from the above utilising actual destination, rather than ticketed destination, creates an anomaly. Indeed, if actual destination is indeed the norm, there is an option for free travel to all request stops. As such, ticketed destination is clearly the correct interpretation.