Apparently not having the foot or handbrake on can also cause a fail on some cars.
Going back to the VW's the reason the performance was less once the software had been fixed was to do with the EGR, the EGR was only used on the MOT and in some cruise situations, now the software has been corrected a lot of VW's need a new EGR every couple of years where as before it was unusual to ever replace them even on cars with high mileages.
From what I understand to get a diesel vehicle to pass the latest emissions standards is almost impossible with out some degree of ''cheating'' unless you want the performance that used to be the norm for diesel vehicles.
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