Perloader with restricted action file

Hi,

I have a preloader on my page which contains a server connect to retrieve data.
I have no premissions restriction on the action file which is called by the server connection, so the page loads OK.

Now if I change the action file to have a premissions restriction enabled, when the page loads it get’s stuck on the preloader as the server connect returns a status code of 403.

Even if I put the elements on the page in a conditional region which are supposed to returned, the preloader gets stuck on screen.

How do I go about using the preloader on a page which may get back status 403 from a action file if restricted?

Thanks
Ray