Just spoke to the BMW engineer I have had dealings with in the past and he was quite helpful as he usually is.

He was quite aware of the issue and said that it has been addressed in a software fix. A routine ECU update may not work as the updates may not go far enough without being purposely influenced by the tech who knows what they are doing.

Mine is booked in and he will talk them through it and then reset the adaptations and he said it should fix the issue, otherwise the valve body may need replacing.

Ill let you all know of the outcome