1st gear problem

I have problem shifting to 1st gear at manual gearbox at 320i E90.
On last service, as respond to my numerous complains, gear oil is changed?
After this "fix", still I need to apply excessive force to shift to 1st gear at robot - not always, but, let say, 2-3 times at day.
This is my problem almost for a year, I complained to service several times, they drive the car around block- and problem did not occurred during this 5 min drive.
My maintenance plan is about to expire sun - and I will stay with faulty car gearbox to solve problem on my own expense!!!!?
Not really customer friendly policy of BMW service in SA in my case....
I am returning customer, this is my 2and BMW, and I start wondering did I done a right choice! WHAT TO DO NEXT?
How to escalate problem to next level?