Peter Walton says Crystal Palace should have been given a penalty against Manchester United but that VAR was not involved as it was not a clear error.
The Eagles fell behind to Marcus Rashford's opening goal shortly before half-time but there was controversy in the build-up to the goal when Wilfried Zaha went down in the penalty area after a tackle from Victor Lindelof.
Referee Graham Scott waved play on and the VAR official opted against calling play back to award a spot kick, despite replays clearly showing contact between Zaha and the Manchester United defender.
The visitors broke down the other end and scored through Rashford, adding to the controversy.
Former Premier League referee Walton explained on BT Sport that, whilst it should have been a penalty, the decision was subjective enough for VAR to deem it not to be an error from Scott.
He said: "If a player takes the ball and the player at the same time, then yes, it’s a foul.
"It should’ve been given as a penalty kick.
"The VAR will not get involved because it’s not a clear and obvious error from the match referee.
"It’s a subjective call. Not everybody in the land would say that’s definitely a penalty kick."
BT Sport pundit Robbie Savage also argued it should have been a spot kick.
He said: "I think it’s a penalty. I don’t know why Lindelof is challenging there. Rio always says stay on your feet.
"Yes he gets a touch on the ball, but he kicks through the back of Zaha.
"Zaha’s doing a stepover, it’s a definite penalty. He’s kicked through Zaha. It’s a penalty."
The decision proved crucial as United went on to beat Palace 2-0, after Anthony Martial sealed the three points with a second half goal.
United's win sees them close the gap on Chelsea and Leicester as the top four race intensifies.
