right i just started from scratch again, download a new zersion copy of the upgrade, uploaded to the server, changed copied the config files from old site over, rand the upgrade and second i do the upgrade i get the error again.

1253 COLLATION 'latin1_general_ci' is not valid for CHARACTER SET 'utf8'
in:
[CREATE TABLE 1uic_counter_history_clean as SELECT * FROM 1uic_counter_history WHERE 1 GROUP BY startdate COLLATE latin1_general_ci;]