Most likely you do not have the latest update. I believe that 28.00 came out in December with 28.01 and 28.02 shortly thereafter. Problem is BMW will not update your car unless there is an issue that requires updating program (it takes several hours). You may want to let them know that you are having an issue with the tail gate soft close malfunctioning (intermittantly) similar to the one that is outlined in Service Bulletin 51-31-0 7. Conveniently the only remedy is to reprogram the entire vehicle.