Well after lots of messing the plot thickens.
I am fairly sure I dont have a spark or fuel problem and as I said in my original post the bike feels "odd" when I kick it over. Dropped the sump again and another pint and a half of oil came out of the bottom. Now when I kick it over it does not feel odd and actually feels ok.
This leads me to believe that the whole problem is down to wet sumping. What I have done so far is left the sump off with a perfectly clean container under it. Filled the oil tank back up and now I will check it daily to see just how much oil is pouring into the sump. If as I suspect its lots then my first move will be to change the oil pump. I do wonder (as I kicked it over a million times before trying to start it just to prime it up) if the oil is going down but not being pulled back up ?
I have sorted thru my parts boxes and have produced half a dozen oil pumps so depending on just how much oil I find in my container will decide if I should at least change pumps before trying to start it again.
God I hate motorbikes for a couple of quid I could but myself a nice little scooter