it was if peer cache is on.
first of all I regenerated by PE image as I had not done this since going to SCCM 1702. but this did not help but building outside by virtual environment helped me find the issue.
it was with an ACL on the networking blocking port 8004 between the 2 networks one being production to test network. so it would broadcast on port 8005 but then could not receive the data. just needed to adjust my boundary's in SCCM so it did not cross the networks and it is now working. so if peer cache is on. then as it is a package the sccm client can uses peer cache from another machine. and if that cache is not up-to-date then it can cause issue. oh what fun SCCM can be it one product I always have more to learn
thanks for you help.