thanks for getting back to me, since I posted this the car has had a complete melt down over the weekend, I have had pretty much every warning light come on, ABS, 4X4, air bag failure, DCS failure, brake failure, tyre pressure system failure, the list goes on, also went into limp mode ! and my power steering went heavy!
took it into the BMW specialist this morning and the main thing that it was showing that has failed was the rear near side wheel speed sensor!
hopefully this is the culprit they are replacing it tomorrow so I will update this thread, cross fingers