High level brake light isnt an mot failure is it?
Ha, well this is where it gets a bit contentious. I read the MOT Testers Manual and it states:
Additional stop lamps fitted and connected must be tested. Where extra lamps are fitted and there is doubt as to whether they are connected, the benefit of this doubt should be given to the presenter.
So VW were basically conforming to the letter of the law. If your car has an additional stop lamp, and it is connected to the lighting circuit, then it must work.
I'd have said the most sensible thing would have been to mark is as an advisory, stating they were unsure if it was connected.
It's pretty damned irritating considering the number of wrecks you see on the road!