...the TM clearly had time to debate with the passenger in this case...
Or, had enough time to listen to the customers question but not enough time to check facts - saying "no" takes significantly less time than finding the departure boards at Birmingham New Street or checking whether a train is on time.
When a passenger purchases an Advance ticket, they make a contract to travel on a particular service. Irrespective of whether that service is delayed or the passenger is late, carriage on another service is entirely at the discretion of someone who has the ability to authorise what is effectively a change to the contract (i.e. the train manager, or a representative of the TOC whom has greater decision making power than the train manager).
In the case of Advance tickets, there is no obligation for a TOC to carry the passenger on a service they are not booked onto, unless:
- A preceeding connecting train was delayed, and a suitable connection time (in accordance with the NRCoC or whatever other official information is available) is left; or
- The train the passenger wishes to use is a connecting train, and is not reservable
Neither of these were the case in the situation given, and hence there is nothing to obligate Virgin to carry the passenger on the later (but not delayed) service. Whilst it would have been possible in theory for the Train Manager to permit travel, for whatever reason
(none is given), such permission has been denied and therefore the passenger must wait until they can use the train they are contracted (and agreed) to use.
EDIT: Apologies, the reason for denial was given as the Train Managers belief that the passenger had missed their original train, which has already been discussed at length and which doesn't change anything else I have said.
On the debate of Delay Repay, the purpose of this scheme is to provide compensation for late running services. Hence, the compensation available to the customer in the event is delay repay, not the obligation to travel on an alternative service which - for any reason - may also become late during the journey. If the passenger wishes to be compensated for the delay, they can claim delay repay and suitable provisions will be made by Virgin for this. If it was so important to the passenger that they arrived at a precise time, there is room for debate as to whether they should either have chosen an Advance ticket for earlier in the day or a flexible ticket that would have allowed the desired outcome without discussion.
I don't recall seeing any condition that says when a customer selects a train for an Advance ticket, they are allowed to use whichever train best fits the advertised departure or arrival times.
I will freely admit that I dislike Advance tickets precisely because this sort of thing happens and the terms of the ticket are not enforced consistently across individual Train Managers, let alone operators. Advance tickets have their place, but I don't believe they are advertised properly and neither do I believe they are suitable in an awful lot of situations when they are used... but that is a different debate for another thread!
Personally, I only ever use Advance tickets when it doesn't matter what time I arrive, and when I have at least a few hours to make sure I get the train I want. If I'm in any sort of rush at all, or there's anything more than a vague chance, I will generally buy a more flexible ticket.