[Yaw]

I would not be confident of making a recovery on what you have shown here. I would certainly give it a go but regardless of weather it was a pre-exsting thing the council knew about, fact remains its not in the path of the road. and if the tape was there beforehand, that in itself is a clear warning something is wrong which means you should try to avoid it. I cannot see the council would accept liability as they have not done anything negligent whatsoever.