I’ve no issue with a penalty for anyone if the car is illegal, but saying that there was such a low margin of error because it was likely broken annoys me. If you’re acknowledging that there’s damage there and it’s already passed the static test then throw the investigation out.
They are using a go / no-go gauge which is essentially a zero tolerance approach. If the gauge passes through the gap then the test is failed, providing the applied force is less than 10N.