1997 BMW 540IA User Comment / Complaint

I have a 1997 540 bmw with 180,000 mi. investigating the cause of a flat driver side right front tire i discovered the front spring strut plate was cracked and allowed itself and the coil spring to contact and cut down the tire. found nhtsa campaign # 04v183000 describing exact condition. towed to devon hill bmw in pa. they will not pay to replace spring strut plate. they state bmw does not sell the spring strut plate separate from the strut and since i install aftermarket bilstien struts at 108,000 mi. which requires the installer to use the existing spring strut plate bmw is not responsible. there is also a record of the car being at another bmw dealer at 135,000 miles where the repair order notes the recall and states they inspect struts and state no further action needed. no mention of retaining clip installation as described in the remedy section of the campaign. i have owned the car since 40,000 mi. i call bmw and referred me back to the dealer service manager which has not changed his position.