Stealer have confirmed that there is nothing wrong with the vehicle, they have had the emissions tested at the local test staion that does all their MOT's for them, it's passed & I have a copy of the test results.
There is a big difference in the upper pass level on the second test (4.000 rather than 1.17 on the original) & the car had levels of 2.69 (1st) & 2.19 (2nd)
I've spoken directly to the stealers tester & he confirms that they are either using the wrong enigine code (which they get from the last 6 digits on the chasis number) or their equipment isn't up to date. He said they've had to update theirs (software I presume) to test the new BMW lean burn engines.
Car is now back at the original MOT test centre & a very sheepish tester is doing it again after a severe arse kicking. He did just admit that he'd only been doing them for a wek & the usual tester is on holiday
Will be asking for a refund on the original test fee as a gesture of goodwill or if they don't will complain to VOSA or who ever regulate the test stations about incompetence