Recently, when driving on a suburban road, I pulled into the side to let a vehicle pass. There was a loud bang and my vehicle shuddered. I stopped and saw that my brand new nearside tyre had a long gash in it. I had hit a kerbstone that had jagged edges and was lying in the road. A new tyre together with my tracking adjustment was £95. I endeavoured to claim this sum from the local council but they state they are unable to help. They quoted a special defence under Section 58 of the Highways Act of 1980 that allows them to prove to the courts that, so long as they operate a robust safety process and maintain the roads to a standard of maintenance appropriate for a highway of that character, they have discharged their statutory duty and are not liable to reimburse me. Is there anything I can do?