I agree completely, this is probably a defect and should be covered under warranty. I have not read of a single issue such as this in seven years on Bimmerfest and as you point out you even have a neighborhood with a like car in like conditions that does not experience this issue. Given the circumstances I would consider the onus to be on BMW to prove it is not a defect if they are going to refuse to cover it.
Tell the dealer you want them to initiate a PUMA case to BMWNA and you want a BMWNA field engineer to assess the situation with your car.
Then and Than are different words and they are not interchangeable.
"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." -- Geo. Orwell
2006 330i Sonora w/ ActiveAutoWerke flash tune :-)
2004 330i ZHP Imola/NB - missed
2000 328i TiAg - gone but not forgotten
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Last edited by tturedraider; 12-03-2012 at 07:07 PM.