I really hear where your coming from 2E0AIV and agree 100%
Ofcom are in breach of their own regulations and guidelines on many occasions, twice of which are shown here in the two points below...
Point 1 - As a ham you agree not to cause harm or disruption to any other users on the band.
Point 2 - It is customary and standard operating proceedure to ask if a frequency is in use before making a contact or QSO.
If a user is using D-star, then even if they wanted to they could not comply with the two points above because they can't even hear who they are causing harm and interference to