A man has been fined £50 for a dog poo his pooch did not do.

Stephen Bennett, 50, from Sutton received a fixed penalty for failing to remove the faeces of a black cocker spaniel in Perrett’s Field, Cheam on Wednesday, January 25.

However, Mr Bennett, who has terminal cancer, said he does not have a black spaniel, he has a German shepherd, called Gem.

The letter goes on to say that the man in control of the dog drove away in a vehicle.

As Mr Bennett is the registered keeper of that vehicle, he received a fixed penalty.

However, Mr Bennett said at the time of the alleged offence he was at a car auction in Beddington Farm Lane.

He said: “I was so incensed I actually went to the council. They reckon I had an alsatian off the lead and a spaniel on a lead.”

However, Mr Bennett who walks with a walking stick and physically could not manage to hold a dog on the lead because of his cancer.

He said: “They have no evidence, no proof and they send me a fine. Suddenly they become judge, jury and executioner. I haven’t paid it yet – let them take me to court. Let a judge tell me I have got to pay that.”

He likened the actions of Sutton Council to that of the controlling government in George Orwell’s book, Nineteen-Eighty-Four.

Mr Bennett added that he walks his dog at a set time every day and the time stated on the letter does not fit in with his walking patterns.

A spokeswoman from Sutton council said the allegation was currently under investigation.