A forecourt retailer in Scotland has raised fresh concerns over the handling of fuel drive-offs, after being told by Police Scotland that no action could be taken unless "intent" to steal was proven.
The incident, as reported by retailer Shamly Sud, happened when a customer filled his vehicle with fuel and drove away without paying.
Writing on social media, Shamly stated, "Over the weekend, a customer filled their vehicle with fuel, went to the cash machine on the forecourt, returned to their car, and drove off without making any attempt to pay.
"Today, our Manager, Derek Paton, contacted Police Scotland to report it. He was asked if he believed it was intentional.
"Derek responded honestly — that it may have been a mistake and the customer may have forgotten to come into the shop.
"The response? 'If it’s not intentional, then it’s not a criminal offence — there’s nothing more we can do'."
The stance appears to contradict earlier assurances. In 2023, Police Scotland had indicated that all fuel drive-offs would be treated as crimes, regardless of intent, a position that retailers say provided much-needed clarity at a time of escalating forecourt losses.
Now, operators say the apparent shift risks leaving them exposed.
The Scottish Grocers’ Federation reports that retail crime has surged by 124 per cent between June 2021 and June 2025, with fuel theft and drive-offs forming a significant part of the problem.
Retailers argue that the latest approach undermines their ability to recover losses, particularly as operating pressures continue to mount. Rising National Insurance contributions, increases in the National Minimum Wage, higher utility bills, and escalating non-domestic rates are already squeezing margins across the convenience and forecourt sectors.
Questions are now being raised about the effectiveness of investments in security infrastructure, including advanced CCTV systems, if incidents fail to trigger enforcement action.
"Why are we investing in state-of-the-art CCTV if it won’t even trigger action? Why are businesses expected to carry the cost of theft?
"And why is there so little support from those meant to protect us? It’s no surprise businesses are closing. Margins are shrinking, risks are growing, and support is disappearing.
"Retailers don’t need sympathy — we need action, consistency, and accountability. Right now, we’re not seeing it," Shamly stated.
Also a Director at GHSL LTD, Shamly, along with her husband Vikas Sud and son Guna Sud, run a mix of standalone convenience stores and petrol stations. In 2022, she baggged the Asian Trader Awards' highest honour for her remarkable Racetrack Pitstop Premier store in Strathclyde, Glasgow.
The family is known for a series of in-house brands as well, such as Tubbees Dessert Lab, VAPED4U, Hoagies and RaceTrack.