The issues raised about it costing money for the average person to attend court etc and defend their case are perfectly valid - but not the fault of the TOC. It seems like you want reform to court procedures, e.g. prosecution liable for costs, rather than a ban on private prosecutions.
No, I want a ban on private prosecutions. The current system encourages and rewards charlatanism.
If TIL, or whoever, are allowed to privately prosecute, it allows them to use the threat of prosecution to obtain funds from people without merit. See the recent thread on Oyster. The very fact they can privately prosecute is what allows them to use the threat of prosecution to extort money from people. And I deliberately use the word extort, for that is what it is- extortion.
Taking a day off work and travelling to a Magistrates' Court, potentially far from home, is inconvenient. Even if you win, and even if you get your travel costs back, you won't get compensation for the hours of research nor your loss of earnings. And even if you did, you can be certain TIL or whoever won't tell you this.
BTW, as someone who works in law, I would say that all legal action is a gamble. I've helped clients take strong cases to tribunal and watched them lose, and I've helped clients with very weak cases go to tribunal and win. And that's a tribunal with legal experts making the decision. Magistrates are not legally qualified.
The TOCs have immediate access to lawyers who are experienced in the field and know how to soft-soap the Bench. Joe Bloggs has access to none of that, unless they pay. Legal fees are likely to be higher than the "settlement", with no guarantee they are recoverable (indeed they are usually not recoverable in full).
TOC sends one or two fairly factual letters. If people pay up, it's not because the TOC has pressured them. If you want to see pressure, default on a loan or credit card and see how many letters and threats you get then!
They're not "factual", though, they are the opinion of the TOC. They are opinions enforced with threats- pay us £200 or we'll prosecute you.
Interesting you mention debts. I'm a qualified debt advice manager with 15 years' experience working for debt advice charities. Letters about missed payments are not even close to being in the same ball park, because the Financial Conduct Authority put a stop to the empty threats that used to be employed 15 years ago.
And that's what's needed here- a regulator with teeth. Sadly the rail industry does not have one and so the shysters who used to hand out Statutory Demands like confetti now do the same for the likes of TIL.
Finally, I'm very comfortable with appearing in Courts and Tribunals- it's been my job for most of my adult life. But I'd still struggle with the Magistrates' Court because I'm not familiar with it. The thought will terrify most lay people, and it is that fear that the likes of TIL prey on to obtain "settlements" far beyond anything that could be described as reasonable.