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Derby finally accept 21 point deduction.


taggy180

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Just now, StarterForTen said:

If you chose to walk a tightrope over a canyon for a living and then, one day out of the blue, an unforecasted gust of wind causes you to fall, is it the freak and unforeseen weather that caused your death or the fact you were on a tightrope at the time it blew?

This is the crux of the appeal, in my opinion.

The effects of a viral pandemic is force majeur regardless of the position of the business before it hit.

If you dont expect a gust of wind when walking on a tightrope over a canyon then you need to get out more.

A more reasonable comparison would be walking over a rickety old bridge which could potentially give way if a bad step is taken, then getting hit by an aeroplane.

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21 minutes ago, StarterForTen said:

If you chose to walk a tightrope over a canyon for a living and then, one day out of the blue, an unforecasted gust of wind causes you to fall, is it the freak and unforeseen weather that caused your death or the fact you were on a tightrope at the time it blew?

This is the crux of the appeal, in my opinion.

The effects of a viral pandemic is force majeur regardless of the position of the business before it hit.

Nice metaphor, but I think they will try and argue that the business was unsustainable prior to Covid-19 and if it wasn’t like other clubs it would have been ok.

personally I don’t think you can expect owners to put an extra £20m in the pot and if they don’t then say it’s their fault. 
as long as we can show but for Covid-19 we would have continued we should win the appeal 

but it’s never as simple as that in the EFL 
 

 

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43 minutes ago, Mucker1884 said:

 

 

If these posts (and this response) don't get deleted, they will forever be available to the eyes and minds of the worldwide public, and forever be associated with "Derby County fans".

Let that sink in!  ?

Are you struggling to decipher the meaning of the post?

He’s making a comparison to the victimisation of black people by police (which is a common topic in every media outlet) to what he feels is the victimisation of Derby county by footballing authorities.

Authority victimising the little guy! Not sure why this could be misconstrued in any other way.

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33 minutes ago, StarterForTen said:

If you chose to walk a tightrope over a canyon for a living and then, one day out of the blue, an unforecasted gust of wind causes you to fall, is it the freak and unforeseen weather that caused your death or the fact you were on a tightrope at the time it blew?

This is the crux of the appeal, in my opinion.

The effects of a viral pandemic is force majeur regardless of the position of the business before it hit.

The immediate cause would be the gust of wind. The underlying/root cause would be you are undertaking an inherently dangerous activity on a frequent basis. 

Apply this logic to our current appeal situation.

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11 minutes ago, Tyler Durden said:

The immediate cause would be the gust of wind. The underlying/root cause would be you are undertaking an inherently dangerous activity on a frequent basis. 

Apply this logic to our current appeal situation.

That's why it's a poor metaphor.

For an outdoor tightrope walker, the risk of severe wind conditions should be considered an occupational hazard every time they attempt to cross a canyon. Unlike the impact of a global pandemic on football club.

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17 minutes ago, Tyler Durden said:

The immediate cause would be the gust of wind. The underlying/root cause would be you are undertaking an inherently dangerous activity on a frequent basis. 

Apply this logic to our current appeal situation.

I have no sympathy for this tightrope walker, Gust of wind or no gust of wind, He's quite simply not right in the head.

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1 minute ago, Tamworthram said:

That's why it's a poor metaphor.

For an outdoor tightrope walker, the risk of severe wind conditions should be considered an occupational hazard every time they attempt to cross a canyon. Unlike the impact of a global pandemic on football club.

Or to look at it another way if the tightrope walker had their rope a foot from the ground would the unforseen gust of wind have the same impact. 

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28 minutes ago, Tyler Durden said:

The immediate cause would be the gust of wind. The underlying/root cause would be you are undertaking an inherently dangerous activity on a frequent basis. 

Apply this logic to our current appeal situation.

If we can show that we wouldn't have fallen off the tightrope without the wind (by showing that the regular losses were manageable while we had  our 'normal' level of income), then we can lay the blame entirely at the feet of the Covid gust.....at least that's what I expect them to be arguing...

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2 minutes ago, Tyler Durden said:

Or to look at it another way if the tightrope walker had their rope a foot from the ground would the unforseen gust of wind have the same impact. 

An even poorer metaphor. How many tightrope walkers cross canyons a foot off the ground?

Nether the less, the principle is the same. A outdoor tightrope walker should consider the weather conditions could have an impact on their chances of success.

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Just now, Gaspode said:

If we can show that we wouldn't have fallen off the tightrope without the wind (by showing that the regular losses were manageable while we had  our 'normal' level of income), then we can lay the blame entirely at the feet of the Covid gust.....at least that's what I expect them to be arguing...

But the panel can quite rightly argue that we did nothing to mitigate the loss of this value stream which is proved as our answer was to go into adminstration.....I've conducted many FMEAs and although it would be ridiculous to say that anyone could predict Covid happening it would be reasonable to factor in the potential consequence of a loss of revenue for a large period of time....the likelihood would be extremely small but the impact would be huge if you are running your club finances so close to the wind....so the overall effect of a sudden loss of revenue would be scored as moderate which then should be at the very least be recognised and countermeasures put in place.

It seems that the countermeasures we did put in place were all purely reactive and a hey well let's put the club into administration as that will solve it.

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13 minutes ago, Tyler Durden said:

Or to look at it another way if the tightrope walker had their rope a foot from the ground would the unforseen gust of wind have the same impact. 

Sadly, in order to compete in the tightrope walking championship you have to be strung precariously over a canyon. Shame that the other leading contestants all have PARACHUTES to aid them…

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7 minutes ago, Tamworthram said:

An even poorer metaphor. How many tightrope walkers cross canyons a foot off the ground?

Nether the less, the principle is the same. A outdoor tightrope walker should consider the weather conditions could have an impact on their chances of success.

40 stone ones!

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6 minutes ago, Tamworthram said:

An even poorer metaphor. How many tightrope walkers cross canyons a foot off the ground?

Nether the less, the principle is the same. A outdoor tightrope walker should consider the weather conditions could have an impact on their chances of success.

Not really at all as the panel could argue what are "normal" operating circumstances, in this example its assumed that the norm is to tightrope across a canyon. 

If all other clubs are tightroping across the same canyon then absolutely but then the panel could quite reasonably say well why were we the only club to go into administration bringing into question that the norm for other clubs was to tightrope a few feet off the ground mitigating the potential gust of wind but we did nothing to help the situation ourselves. 

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3 minutes ago, Tyler Durden said:

But the panel can quite rightly argue that we did nothing to mitigate the loss of this value stream which is proved as our answer was to go into adminstration.....I've conducted many FMEAs and although it would be ridiculous to say that anyone could predict Covid happening it would be reasonable to factor in the potential consequence of a loss of revenue for a large period of time....the likelihood would be extremely small but the impact would be huge if you are running your club finances so close to the wind....so the overall effect of a sudden loss of revenue would be scored as moderate which then should be at the very least be recognised and countermeasures put in place.

It seems that the countermeasures we did put in place were all purely reactive and a hey well let's put the club into administration as that will solve it.

You seem oblivious to the financial predicatment that the majority of clubs outside the PL find themselves in....we're far from alone in running at a significant loss every season - but as was made plain in the statement released when we went into admin, the loss of income hit us harder because: a) we have a higher cost base than the majority of the Championship (partly/mainly our choice, but still a fact); and b) we (alone inthe Championship) were prevented from accessing the Covid assistance loan (due to an EFL rule) - and suggesting that we should have stuffed a load of money down the back of the sofa 'just in case' is naive in the extreme......

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