Pro rata excess mileage penalty charge - bmw

[rachwales]

I VT'd my BMW PCP agreement June 2020 after 36 months of a 48mth contract with a 40,000 mileage allowance. The vehicle was returned with 37,000 mileage used so BMW are looking for me to pay a £407.00 penalty charge. I have disputed this and raised a formal complaint on the 5/06/20 with them as they were quoting Section 99 (2) of the consumer credit act and demanding payment within 7 days. I requested any formal demands for monies to be stopped under the FCA Consumer Credit until my complaint was dealt with and counter acted with quoting Section 100 of the CCA and that as per the vehicle report upon collection " reasonable care" had been taken of the vehicle and the fact that the mileage allowance had not been exceeded. Long story short, BMW further breached their own and FCA rules and guidelines of not adhering to a customer complaint in the agreed timescales outlined and by sending further demands for monies threatening reports to be sent to Credit Reference Agencies. They have not answered all points I have raised in my complaint, but have issued a deadlock letter today advising to go to the Banking Ombudsman... Is it best to go to the Banking Ombudsman or advise BMW to take me to court?