Defender Road Fund Duty & Company Car Tax

From June/July build dates all Defenders are classified as commercial vehicles under EU law, meaning that they now have a £200 annual road fund duty liability, unlike models built and sold in May/June run out and before which have a £435 duty, as up to then they were classified as non commercial. Even the defender County Station Wagon is (for new build vehicles) now classified as Commercially Rated?Van, but not by HMRC for Company Car Tax where it is still to be treated as a private Motor Vehicle rather than a commercial vehicle/van. So HMRC seem to be making themselves outwith the scope of European Law but VOSA have to comply with it. Someone see something unfair here? I feel a test case for someone with money to burn to test HMRC. Any QC's out there wanting their name associated with a tax loophole please apply.

If you look on the website 'comcar' which is a well established company car tax calculator site they show the Defender as a commercial as mentioned but also calculate the tax accordingly.

It comes out at £1200 p.a. on a 90XS Station Wagon. Is this incorrect then?