Vodka_Vic wrote:Is it a bit of a high risk strategy though Spen? What's to stop National League at the appeal hearing saying "Sorry, we set the rules, you have to stick to them". One has to assume that either a) The club have been briefed by their own lawyers and/or b) The club have been in dialogue with the National League about this.
As this rule only applies at promotion from Step 2 to Step 1- it may be that Darlington board had not been aware of it until recently. That would not be surprising as the rule is out of step with every other promotion/ grading position.
It
may alternatively be that at the time of the developing of BM, the club either did not expect to get promotion or could not afford the additional cost or did not want to delay the return to Darlington with the additional time or cost in building the extra seats.
Regarding Eastwood town a few years ago who were kicked out of the play-offs due to this reason, it would be interesting to find out whether they appealed and were unsuccessful.
I thought Eastwood town were denied promotion because their 500+ seats were split across 3 stands, with no 2 stands together having 500 seats.
They did appeal on that point which is a slightly different point, but lost
- see quote from
http://twohundredpercent.net/the-death- ... d-town-fc/
"The Football Conference, however, barred the club from entering in the play-offs on account of ground grading issues. Coronation Park had the correct number of seats for the league (B grading), but they were spread across three stands and not two, meaning that the A grading needed for the league above was not met"
Another thing Spen, you say you believe that Poole are trying to use the point that this rule is an anomaly. Do you know this for a fact and have you looked into it or are you assuming points of law? If you have, then this is encouraging.
I have got the information regarding Poole from statements they have issued via several media sources, including local paper and also in Non League Paper.
Whether Poole would succeed or not is not something I can say, but their position would be strengthened if other clubs (e.g. Darlington) were also making the same argument.
There is a piece in the local Bornemouth paper here re Poole
http://www.bournemouthecho.co.uk/sport/ ... nal_South/
....According to National League requirements, to qualify for promotion and to participate in the play-offs, clubs must achieve a category B grading and have 500 seats under cover by the March 31 deadline.
However, while this could be a stumbling block as Poole do not have the required number of seats under cover, it is believed this regulation is over and above FA ground-grading rules. Should Poole fall foul of this, it is understood they would appeal.
....