My view and looking at the MOT regs and the photos, you do appear to have a problem. If you look how your wheel arch tapers in from the top of the arch towards the rear bumper, this appears to be the problem. the taper is smack bang in the zone Ainar has highlighted, thus your wheel/tyre is not cover by the arch. I assume looking from the rear of the car, you can see lots of exposed tyre/wheel, which needs to covered by a wheel guard/mudflap.
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