Good question Paul, and one which I cannot answer in terms of the legal position re. refusing the "update", but if it were mine then refuse it I would.
What I would say is that the car is out of warranty - so no adverse implications there. It's your car, and it could be argued that it's up to you what you do with it - not VAG. All in all, this would at least seem to be a reasonable approach. Legal implications of that decision??
Perhaps it's me, by I'm not sure I fully understand the full logic of VAG actions on this, but am I right in believing that they "adjusted" the car's emission's system so that the car would satisfy the agreed requirements, and indeed a conventional MOT test? - and that is an important consideration.
If I have a 3 year old or older car, and the car has not been actioned on the recall, can it take it it will pass because the "original fiddle arrangement " is still in place? If I present it for the recall, then is it more likely?? to satisfy the emissions requirements with the adjustment carried out and the "fiddle" removed? Main question:- If I don't take it for the recall, will it still satisfy the requirements in its original "fiddled" form - or will VOSA be amending the emission requirements and it will fail if not presented for the recall?
No doubt others on here will have the necessary knowledge and experience to answer these queries.
I guess it boils down to all owners will be happy to take their cars in for a free recall, if the original performance and economy can be guaranteed. If it cannot, then obviously owners are going to be reluctant to have them recalled.
Needs quite a few coats of thinking about!
Kind regards,
Gareth.
p.s. Trevor and/or others:- can I suggest that this important topic is not well placed on the forum ( tucked at the bottom of the list). Not being critical of the good works, but just feel this should be near the top of the heading selection. Any possibility Trevor?