I am sure if you had purchase the car after Oct 2015 technically yes, but unlikely to be considered reasonable.
The press don't really report all the facts. VW only decided to stop using the merc supplied system after 2009 in the US as they didn't want a competing companys system in their cars.
So they decided to develop their own, that sadly did work as they wanted to meet EURO 6 or US standards.
So basically VW fudged it and lied. No one else did the same. So on that basis yes there are question to be answered. Its been found that in real life some ford & BMWs also produces more than the allow NOx, but then again thats not what is required by the standards.
In the UK unlike the US our MOT system does not test for NOx so not a MOT failure. No tax issue.
If you purchase the car as EURO 6 complaint then it may really and that could be grounds to reject. But would a court see this as reasoable?
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