KENT County Cricket Club have failed in their appeal against an eight-point penalty deducted for preparing a poor pitch at Maidstone earlier this month.

The appeal hearing at Lord’s on Thursday upheld the decision of their three-man pitch panel that the surface for the four-day game with Gloucestershire was damp and generally too poor for first-class cricket.

The county’s failure to over-turn the eight-point penalty means they remain 10 points shy of leaders, reigning champions and this week’s opponents Warwickshire.

Expressing his disappointment over the decision, Kent’s chief executive, Paul Millman, said: "We did not take the decision to appeal lightly and we are very disappointed at the outcome.

"We accept that the pitch was damp, but weather conditions on the days leading up to the match were extremely difficult.

"However, the regulations in respect of pitches for first-class matches state specifically that 'all pitches will be judged solely on how they play'.

"We presented a strong and detailed case, supported by extensive video evidence, that there was not excessive seam movement and that the wickets which fell in the match were almost exclusively due to poor shot selection and technique.

"Kent has a policy of preparing the best possible wickets at all times and we believe that this is reflected in the consistently high placing we have achieved in the ECB Pitches Table. In 2004, Kent was ranked third best of the eighteen First Class Counties.

"We are most unhappy that the Appeal Panel did not find in our favour. We felt that we owed it to our players and supporters to present the best possible case.

"Decisions in sport do not always go your way and I am sure that despite this disappointment the players' determination to bring success to the club this season will remain undiminished."

In an attempt mitigation, Kent produced video evidence from the second day of the match in a bid to prove that batsmen from both sides played poor shots and that the surface of the pitch had little or nothing to do with several dismissals.

But the Appeal Panel comprising Mr David Gabbitass (Chairman), Mr David Graveney and Mr John Pickup dismissed the claims and ordered Kent to pay costs of £500.

Kent were originally docked the points for preparing what an ECB pitch panel deemed to be a 'poor pitch with excessive seam movement' for what transpired to be a three-day championship win over Division 1 strugglers Gloucestershire.

The panel was convened by first-year pitch liaison officer Tony Pigott, a former Sussex and England seam bowler, who saw nine wickets fall on June 1, the opening day of the Maidstone Festival week match.

A further 18 wickets fell on day two in front of Pigott and pitch panel colleagues, the ex-Lancashire skipper David Hughes, and Surrey’s legendary former groundsman Harry Brind.

The trio interviewed players, coaches and The Mote groundsman Tony Saunders before coming to their conclusion.

This latest decision means that only one pitch panel decision has ever been successfully overturned on appeal.

That was five years ago when Middlesex fought a 12-point penalty for a poor surface at Southgate, a match that visitors Glamorgan went on to win.