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morning all, some advice please.

This CCJ was awarded against me by default. I submitted the AOS on the same day i travelled for holiday (5th Sept)  and returned on the 29th Sept. I genuinely had no idea that i was supposed to submit my evidence along with the AOS i sent in which stated that i "intended to defend all of the claim". I had thought that i was going to be notified again when a court hearing or mediation would be arranged by the court and i did not submit any further evidence as the default ruling came by a big surprise. when i rang up the court, the clerk i spoke to said i was expected to send in my evidence after i sent in the AOS and they did not receive anything.
Please what are my options, as i am in a mortgage process and this could not have come at a worse time for me and family.



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What was the "issue" date of the claim and on what date did you submit the AoS? From which dates were you away?

For information, the claim is deemed served 5 days after the issue date. You then have 14 days from that date to submit the AoS. By submitting the AoS within the deadline, you then had 33 days from the issue date (plus any non working days if the 33rd day is a weekend or bank holiday) to submit your defence.

the issue date was the 1st September, and i submitted the AOS on the 4th, i had a holiday booked and was away from the 5th September to 28th.

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:


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:


• 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.

In which case... what does your MCOL history say? Does it say that the AoS was received?

The order only states that "the claim was not responded to".

IMO, the OP's dates don't suggest they misunderstood but the fact remains that somehow a default judgment was entered and, putting aside a straightforward court c**k-up, this could only have occurred if the AOS was not submitted in due form by the latest date.


You won't know which of the possible procedures to follow which are set out in bp's comprehensive post until the issue of the AOS is resolved.

OP, only you know so over to you.

my understanding of the process was wrong i submitted the AOS, although i did not receive a confirmation of this at the time. i thought i was then going to be contacted as i have in other PCN cases like with an adjudicator, by the court with a date for me and the claimant to attend. I did not realise that i was supposed to send in evidence at a later date.
it was when i rang up the court to ask why i have a CCJ against me by default and said i sent in my note that i intended to defend the claim, i was told they received the AOS but not the follow up defence. so i guess i will take the 2nd option.
I will look for the initial Parking charge

i sent the AOS by email, on the 4th of September, i sent it just a few days after receiving it knowing i was travelling. i will call them tomorrow to get the issue date.
i was sent a big pack and once i responded i believe i discarded it. silly of me.

If the claim is thrown out, that is the end of the matter. They throw it out because of failures by the claimant to follow the correct procedures.

In order to. E able to assist you, we need a clear timeline of the following events…

1. The date you submitted the AoS.
2. The date you left to go on vacation that can be evidenced by something such as an airline ticket/receipt/itenerary.
3. The date you arrived back at your residence, preferably evidenced by the ticket/receipt/itinerary referenced in #2 above.

So as we don’t have to go back through the thread searching for it, all the relevant dates in chronological order. Dates of PCN, Claim issue, AoS submission, notification/discovery of CCJ.