If the claim was indeed issued on Sunday 1st September, you had until 4pm on Friday 4th October to submit your defence. You don't submit "evidence" with a defence. That comes later with your Witness Statement (WS).
You have obviously misunderstood the requirements and ignorance of the procedure is not a valid defence.
In your case, where a County Court Judgment (CCJ) was awarded by default, you have the option to apply for a set aside of the default judgment. Here's a breakdown of your options and steps:
1. Apply for Set Aside under CPR 13.2 or CPR 13.3
CPR 13.2 (mandatory set aside): This applies if the judgment was entered irregularly or if you were not properly served. Based on your description, you probably don't have grounds under CPR 13.2 as the issue stems from a misunderstanding rather than a service problem.
CPR 13.3 (discretionary set aside): This is likely more applicable here, as it allows for set aside if:
• You have a real prospect of successfully defending the claim.
• There is a compelling reason for the court to set aside the judgment to avoid injustice.
Since you submitted the Acknowledgment of Service (AoS) stating your intention to defend, but misunderstood the next steps, this could be considered a genuine mistake. The court might exercise discretion under CPR 13.3 if you can show that you had intended to defend the claim and have a viable defence.
2. Steps to Take:
Submit an N244 Application: This is the form you use to apply to set aside the judgment. Here’s what to include:
• State that you misunderstood the process, genuinely believed you would be notified about the next steps, and were unaware that you needed to submit your defence right after the AoS.
• Highlight that the default judgment came as a complete surprise, and the delay was not due to negligence or disregard for the process.
• Emphasise any defence points you have against the claim, as a viable defence strengthens your application.
• Explain your Defence Points: If you have a valid defence to the claim (for example, questioning the particulars or grounds for the claim itself), outline this in your application.
• Attach Evidence: Include any supporting documents, such as the AoS and any correspondence indicating your intention to defend the claim. Mention your return from holiday on 29th September, which prevented you from following up sooner.
3. Application Fee and Potential Outcomes
• The set aside application fee is £303 (N244 form), but if successful, you can request reimbursement from the claimant.
• If the court grants the set aside, it will cancel the default judgment, and you will be allowed to defend the case from the beginning if the judge does not strike out the claim for the usual CPR 16.4 failures.
Given the details you’ve provided, emphasising that your misunderstanding was genuine, combined with a strong prospect of defending the claim, should bolster your case under CPR 13.3.