What if you got rid of the car, but had the update done? Would that person be still eligible?
I don't think that makes any difference. Hey don't quote me on that. I think this whole case is based on false information (read deception), so as a purchaser you made a buying decision based on the information avaialable at the time, and the fact the Government actively encouraged motorists at the time to switch to diesel. My claim is based on a 2010 Skoda Fabia 1.6 TDI, now long gone, and not my 2012 Audi Allroad by a matter of months as the news had already broken and was now in the public domain. The way I see it, is that residual values for diesels plummeted after the revelation, so you're entitled to be compensated. Hell I should be on the legal team!
Both my cars were subsequently fixed my main dealers. I didn't see a difference, but that's not the point.
I've still got a 2015 diesel Polo as a daily runner in addition to the Allroad, but my choice to stay with diesel is based on engine longevity, low-end torque, frugal fuel consumption and they're easy to work on. I know the writing is on the wall for diesels (this will probably be my last), as I've no intention of going into the AdBlu Euro 6 territory as there are simply too many sensors trying to keep emissions within safe ranges, DPF filter, catalytic converters, etc.
I've always kept cars into high mileage, so who is to argue that switching to petrol or even electric and changing every 3-4 years is the way forward. I tow a 1 ton boat during the summer, need 4-wheel drive for the winters in Scotland, and generally hold on to a car until its 150k miles. My carbon footprint must be smaller than those who change their cars regularly.