BTP

So, I have had a few straightforward and successful EU261 claims in the past (BA and other carriers) but here is a new case which has just arisen.

I am a BA GCH. I went to check in for a flight DUB-LHR with my toddler son, but in error brought my wife's passport instead of his (now don't get me started on the de facto demise of the UK/Ireland Common Travel Area...). After a lengthy call (they said with immigration in the UK, but I don't believe this was really the case), they said he couldn't fly. After a further long call to BA in London (which I do believe), the agent quoted a price to change to a later flight for both of us of nearly EUR500.

So then I had a bright idea. I told him that I had presented on time for check in, presented a valid form of ID (for myself), so please would you give me my boarding pass. After a few more minutes of calls and discussions with colleagues, the agent said the flight had closed and he couldn't give me my boarding pass. I then said that, as I had presented for check-in properly, I had been denied boarding and wished to avail of my EU261 rights and remedies, including free transfer to the next available flight.

I was quickly passed to the (Menzies) check-in supervisor, who was very rude and dismissive, giving me only a card with BA contact details and an EU261 notice, and asking me to leave the check-in area lest she call the police. Her stance appeared to be informed by her belief that, as I was there with my child, there was no suggestion of me flying alone and that I was behaving disingenuously in citing denied boarding. I left the check-in area and called the BA Gold line, the agent (who put me on hold for a long time) said that there were extensive notes on the system from check-in, and was generally unhelpful, saying that the system showed I was a "no show" and only offered to sell me new tickets (for ca. EUR800), refusing also to put me through to a supervisor.

The question which thus arises is that, given that I had presented for check-in on time with the correct documentation, was I thus denied boarding by Menzies (acting for BA), and am therefore entitled to all the rights and remedies that flow from that (and which they thus far are steadfastly refusing to honour); or, does the fact that I also presented with someone else whose documents were not in order, allow them to take an "all or nothing" stance in relation to check-in? Does anyone know of any relevant case law; or just how other similar situations have panned out?

Best wishes all,
BTP