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6 + 2 Point Deductions

Tipp blue said:
Admitting we breached isn't Admitting we are guilty.. mitigating factors are about becoming compliant.. saying we breached and here is why is a perfectly legitimate argument... say you got caught doing 100mph on the motorway, couldn't you say "yes I was speeding but I had an extremely sick child in the car in need of urgent medical care".. you'll have admitted breaking the rules but have a legitimate mitigating factor for doing so. We were the only club building a stadium, covid and Ukraine hit us much harder than every other side, no question, we wouldn't have breached if we weren't building a stadium the very thing that will make us more sustainable in the future is looked at as having us not sustainable at the moment.
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Having a legitimate mitigating factor doesn’t mean you wouldnt be punished though. If you drive 100mph in a built up area in that scenario, a court would still argue you are putting others at risk. They may go easier on you but you would still likely be charged.

We breached and admitted it. Whether intentional or not. Any Points deduction is ludicrous though.

What’s our mitigating factor for having wages at over 95% of revenue? As surely managing that better would have lowered the risk in regard to Ukraine/covid/stadium costs etc.
 
Marius57 said:
Having a legitimate mitigating factor doesn’t mean you wouldnt be punished though. If you drive 100mph in a built up area in that scenario, a court would still argue you are putting others at risk. They may go easier on you but you would still likely be charged.

We breached and admitted it. Whether intentional or not. Any Points deduction is ludicrous though.

What’s our mitigating factor for having wages at over 95% of revenue? As surely managing that better would have lowered the risk in regard to Ukraine/covid/stadium costs etc.
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Well, that's the nub of the issue, really, regardless of rules, accountancy conventions, and KCs. We think we were doing 90mph on an empty motorway in good conditions with a seriously ill child on board. The League think we were doing 100mph in fog, in rush hour, to get chips home to the Mrs before they got cold. To put it another way, we think we committed a minor obstruction on the pitch in a match, and the League think we bribed the ref. Whether you bribe him with a lot or a little, it's a red line that's been crossed.

I'm not remotely acting as an apologist for the PL, but just trying to convey what I see as the principles, emotion and attitude behind all the detail.
 

Tipp blue said:
Admitting we breached isn't Admitting we are guilty.. mitigating factors are about becoming compliant.. saying we breached and here is why is a perfectly legitimate argument... say you got caught doing 100mph on the motorway, couldn't you say "yes I was speeding but I had an extremely sick child in the car in need of urgent medical care".. you'll have admitted breaking the rules but have a legitimate mitigating factor for doing so. We were the only club building a stadium, covid and Ukraine hit us much harder than every other side, no question, we wouldn't have breached if we weren't building a stadium the very thing that will make us more sustainable in the future is looked at as having us not sustainable at the moment.
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Or, like Fergie (SAF), 'I needed a number 2'.
 

DuncansPigeons said:
As someone who works very closely to the legal profession this isn’t a comment piece it’s far too detailed and has taken a lot of work. IMO it’s a paid piece of work very deliberately put into the public domain

The threat of legal action here is real especially if we believe people haven’t acted in good faith to their duties. This isn’t a court of law….however those KCs first and foremost are bound by their ethics to the court and not the PL
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Sorry if I'm being obtuse, but who do you think has paid for this analysis to be put into the public domain? Our SuperSilk? It's certainly not the sort of report that's going to be picked up by the MSM, so I'd concur that it's akin to a shot across the bows of the PL to warn them of the legal minefield they've wandered into by imposing an unprecedented and arbitrary punishment on us.

The "unprecedented" part of this process is the key to challenging it imho - you can't make up penalties for breaches as you go along, nor should you be able to then change the rules / penalties so that no other club suffers the same sanctions. It just shows the PL up for the money-grabbing Mickey Mouse organisation it is.
 

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