Just an update after a couple of lawyers haver looked this over and here is what they say...
The barrier is not illegal but its not legal, sadly there is no strict law on road barriers, the red reflectors are not even that but just red bits of metal nailed onto the posts. So while yes they agree its a extremely dangerous construction there is little point in trying to sue.
Reason, the defence will be I should have come to a complete stop before the barrier before pulling out onto the road, thus not even hitting the barrier. Worse still I could also be done for causing damage to the barrier.
So in short I'm in the hole for about 1500+ for the bike. Not as bad as I thought but ouchie. :cry:
BTW thank you all for the messages of support makes me feel not too stupid :mrgreen: