If you dont do the 3 take off and landings within 90 days then like you say you cant take passengers. To sort that out go and bang out 3 circuits.
As for flying with the instructor it all depends on what you are doing. If it is not a training flight you can claim P1 and the instructor claims nothing. The best bet is to agree before the flight who is logging the hours. The key thing is you cannot both claim P1 and if you claim P2 it will have to be as PUT or PICUS. If you claim P1 then you are Captain.