It seems to me less like refusal to comply with the terms of GPL, and more like denial that they use GPLed code.
> I have confirmed with our technical department who
> advised that ... the usage rights agreement states that
> the software is protected by copyright and BMW is the
> sole owner... it is not subject to the requirements of a
> "Public" licence
That may or may not be the case, but to me that doesn't say "yeah we use, na you can't have it".