Yep, of course the dealer told him the reason he wouldn’t do it and that’s why he offered a so called waver about using it on private land. Which the dealer would know was daft. So it does come down to legalities. Besides the OP’s fall back is to buy one from Germany or Austria as far as I can make out. So apart from the private land stuff he knew the score on the rest.They didn't ask the question whether it was legal or not, just that the dealer was reluctant to flash it to the alternative mode. I'm sure the dealer told them the reasons why they wouldn't do this, so the OP probably knows the legalities already.
No, they haven't come back, because instead of a straightforward answer, all they are getting are answers that are unrelated to the questions they've asked.
All I can see are questions about flashing the bike and whether any of the forum members can help in doing so.
Not knickers in a twist, more like mildly peeved. I'm sure the reason why we had the extra topic heading of 'UK off-road, S-Pedelecs and overseas' added, was so that we could chat freely about bikes that are obviously not legal, without getting the riot act read to us in nearly every thread.
So to repeat, the clarification in the following post by KTM was to the OPs misunderstanding of private land and was not aimed as far as I can see at people who know the law but choose to ignore it. So there really is no reason for you or anyone else to be peeved every time a newbie has to be told that his understanding of off road is nonsense.