I got the BIOS from PCS today, it was the same version as I already had as that was the latest. I re-flashed it according to the instructions but unfortunately the PL still triggers just the same.PCS don't monitor the forums, it's best to call them or create a support ticket through your main account
I will have to accept it as an unchangeable fact.
As for what @Jasontvnd said, yes, since this is the first game in the trilogy, a remaster of the one from XBOX 360. It is not really optimized and probably will never get more FPS than it does. The issue was not with the 71fps so much, it was the huge drops, in one direction I could get 144, and as soon as I turn around it stutters and I get 71, so I was willing to set a base line of 85-90 and cap it there to avoid the stutter. Hopefully the second game in the trilogy is better optimised.