I've tried regenerating it by driving long journeys and leaving it in a lower gear with higher revs and no change. I've now driven the car for around 1500 miles and it does it every journey. The brake disks have now started to crack due to over heating I suppose, this is probably caused by constant braking against the car trying to drive. I've stopped paying for the car and written to the CEO of BMW UK. We shall see what the outcome is.