Mk3 2012 w/HID lights, blinding people pointing upwards

Has anyone else with a Mk3 pre facelift I guess Focus with the bi xenon HID lights noticed that, under the following conditions, the lights end up blinding drivers and pointing upwards?

reproducable steps:

- start car with the lights off (auto on bright day or manual OFF position)

- drive car enough so that the stop/start system is going to work

- stop car and let the stop/start system stop the engine; current position is car is stopped with the green A with arrows around it on dash. 

- turn on the lights (Dipped bean on position manual or have someone else block the light sensor on windscreen, cannot open driver door as this disabled stop start)

Expected: lights turn on and self diagnostic level system check (all the way down then back to level)

Actual: lights turn on and just point up as high as they are able to

if you park facing a wall you can see this. 

If you then drive away the lights remain pointing upwards. If you turn lights off and on they remain pointing upwards with no levelling with the rear suspension level as you would normally have  

Resolve by turning engine off and back on or by stopping and letting stop start system engage again and then as you pull away again the levelling diagnostic kicks in and levels them properly and then they will self level during your drive as usual. 

I believe this is because the levelling system is in standby during the engine off cycle of stop/start. It’s on when the engine is off before your journey though. This system being off but needed for the levelling diagnostic I believe causes a position zero to be selected, the sky inmy case since mine are levelled quite well, I’ve seen some pointing almost nowhere when they’ve been done by dealer and I’m convinced this is because the levelling system has bugged them to point at the sky at the dealer and they’ve not realised. 

12 months of back and forth with dealer and ford, 2 software updates, replaced light sensor and light control module and replaced headlight unit and no change.