A new caliper set has been ordered just have to wait for it to arrive now.
To fit the caliper you have to virtually remove the wheel so you can get it on the locking stud on the swingarm, but when the lock pushed it, it moved it over 90 deg to the bottom of the wheel, so if the bracket was in the correct place the locking stud would have stopped it rotating, but anyway it as I only use the back brake as you do it has been fine and have done around 60 miles today, so I feel confident in the temp fix and the cable tie was used like a second pair of hands to hold the bracket in place while I put it all back together, I just left it on as it's not in the way of anything